Opinion
BANKRUPTCY CASE NO. BK02-00213, Adv. Proc. No. 02-00011
February 25, 2003
LAW OFFICES OF BRONZE TANG, P.C., JACQUES G. BRONZE, Tamuning, Guam; Attorneys for Plaintiff Community First Guam Federal Credit Union.
BUTLER TELFORD BUTLER, GEORGE M. BUTLER, Attorneys for Defendant.
STIPULATED JUDGMENT AND PAYMENT ORDER
WHEREAS, on October 3, 2002, Community First Guam Federal Credit Union ("Community First"), filed a Complaint Objecting to Discharge of Debtor under 11 U.S.C. § 523 (a)(2)(A) and § 523(a)(2)(B).
WHEREAS, the parties desire to settle this matter. The parties hereby stipulate as follows:
1. Defendant Peter A. Nand ("Defendant") shall pay to Plaintiff Community First the balance owed on the loan in the amount of Twenty-Two Thousand Three Hundred Thirty and 06/00 Dollars ($22,330.06), in the following installments:
(i) Two Hundred Fifty Dollars (5250.00) upon execution of this Judgment and same amount shall continue to be paid on the 5th day of every month until December 2003; and
(ii) From January 5, 2004 to December 5. 2004, the payment amount shall be Three Hundred Fifty Dollars ($350.00) per month and beginning January 5, 2005, the monthly payment shall be Four Hundred Dollars ($400.00) per month thereafter until the Judgment is paid in full.
2. All payments shall be made at Plaintiff's office in Hagåtña.
3. In the event Defendant defaults under the terms of this Judgment, Defendant shall be liable for all of Plaintiff's legal expenses and costs.
4. Defendant further stipulates that the Stipulated Judgment shall not be dischargeable under the Bankruptcy Code and that the District Court of Guam shall retain jurisdiction to enforce the terms of the Judgment.