IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK MANHATTAN DIVISION IN RE: INKEEPERS

USA TRUST, DEBTOR

CASE NO. 10-13800-SCC

MOTION TO CONDITION AUTOMATIC STAY TO THE HONORABLE SHELLEY C. CHAPMAN, UNITED STATES BANKRUPTCY JUDGE: COMES NOW Keith Jeffries (Jeffries), Creditor, who files this his Motion for Relief from Stay and would respectfully show the Court as follows: 1. Jeffries sustained personal injuries during a fall occurring on January 9, 2009 at

The Residence Inn of Arlington, Tarrant County, Texas. Upon prosecution of his injury claim in a state court proceeding (No. 10-85130-1, County Court at Law No. 1, Tarrant County, Texas, referred to herein as the State Court litigation), Jeffries through his counsel learned of the existence of the instant bankruptcy proceeding involving Grand Prix Arlington, LLC (GPA), which, upon information and belief, is one of the Affiliated Debtors of the Debtor in this bankruptcy case. 2. 11 U.S.C. 362a stayed the State Court litigation upon debtors filing of the

voluntary petition on July 19, 2010. 3. Jeffries claim against GPA is unliquidated. Accordingly, Jeffries seeks that the

automatic stay be conditioned pursuant to 11 U.S.C. 362(d)(1), in that cause exists to allow Jeffries to liquidate his claim and to identify possible sources of payment on said claim from applicable third party sources, including but not limited to policies of liability insurance.

4.

To the extent that GPAs cost of defense will be paid by its liability insurance

carrier, the defense of the State Court litigation will not impose a burden upon Debtor or any Affiliated Debtor. As the majority of parties and witnesses in the State Court litigation are in Texas, Jeffries would show that liquidating the claim in the State Court litigation is the most judicially economical method. WHEREFORE, PREMISES CONSIDERED, Jeffries prays that the Court condition the automatic stay to allow Jeffries to liquidate his claim in the State Court litigation and collect on said claim against third party sources of payment, and for other and further relief as the Court finds proper.

Respectfully Submitted, /s/ William E. Gene Sollows William E. Gene Sollows Texas Bar No. 00785014 BAILEY & GALYEN 18333 Egret Bay Blvd., Suite 444 Houston, TX 77058 (281) 335-7744 (281) 335-5871 fax gsollows@galyen.com ATTORNEY FOR KEITH JEFFRIES CERTIFICATE OF SERVICE I certify that I did serve a true and correct copy of the foregoing upon all parties requesting electronic notice, on this 12th day of March, 2011.

/s/ William E. Gene Sollows William E. Gene Sollows Texas Bar No. 00785014

CERTIFICATE OF CONFERENCE I certify that on or about February 24, 2011, I did leave messages with the attorney for the Debtor in an attempt to resolve the subject matter of the Motion, but was unable to reach resolution.

/s/ William E. Gene Sollows William E. Gene Sollows Texas Bar No. 00785014