Opinion
Case No.: 11-26732-PM Case No.: 11-26880-PM Adv. Pro. No. 12-00040
2012-05-01
In re: CONGRESSIONAL HOTEL CORP., Debtor. In re: CASCO HOTEL GROUP, LLC, Debtor. CONGRESSIONAL HOTEL CORPORATION Plaintiff, v. MERVIS DIAMOND CORPORATION et al. Defendants.
James M. Greenan, Esquire McNamee Hosea, et al. Lawrence P. Block, Esquire Stinson Morrison Hecker LLP Robert E. Greenberg, Esquire Friedlander Misler, PLLC
SO ORDERED
________________
U. S. BANKRUPTCY JUDGE
Chapter 11
Jointly Administered
STIPULATION AND CONSENT ORDER RELEASING WRIT OF GARNISHMENTS
AND DISMISSING COMPLAINT TO AVOID AND RECOVER
PREFERENTIAL TRANSFERS
UPON CONSIDERATION of the Complaint to Avoid and Recover Preferential Transfers (the "Complaint") filed by Congressional Hotel Corporation (the "Debtor") and the Stipulation and Consent Order Releasing Writ of Garnishments and Dismissing Complaint to Avoid and Recover Preferential Transfers, it is, by the United States Bankruptcy Court for the District of Maryland hereby:
ORDERED that the Writ of Garnishment of Property of the Debtor issued by the Circuit Court of Maryland for Montgomery County in the case captioned Mervis Diamond Corporation v. Congressional Hotel Corporation, Case No. 259919-V, at the request of Mervis Diamond Corporation, upon Wells Fargo Bank, National Association, SunTrust Bank and Interstate Management, LLC shall be avoided; and it is further
ORDERED that Wells Fargo Bank, National Association, SunTrust Bank and Interstate Management, LLC are authorized to immediately release to the Debtor any and all property subject to the Writ of Garnishment of Property of the Debtor; and it is further
ORDERED that within three (3) days of the date that the Writ of Garnishment is released, any and all property released pursuant to this Order shall be transferred by the Debtor to its debtor-in-possession bank account(s).
AGREED AND CONSENTED:
________________
James M. Greenan, Esquire
McNamee Hosea, et al.
________________
Lawrence P. Block, Esquire
Stinson Morrison Hecker LLP
________________
Robert E. Greenberg, Esquire
Friedlander Misler, PLLC
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by /s/ _ on this copy reference the signatures of consenting parties on the original consent order.
________________
James M. Greenan
Copies to:
Michael H. Reed, Esquire
Pepper Hamilton, LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
Robert E. Greenberg, Esquire
Friedlander Misler, PLLC
1101-17th Street, NW
Suite 700
Washington, D.C. 20036
Leander D. Barnhill, Esquire
Office of the United States Trustee
6305 Ivy Lane
Suite 600
Greenbelt, MD 20770
Lawrence P. Block, Esquire
Stinson Morrison Hecker LLP
1150 18th Street, NW
Suite 800
Washington, DC 20036-3845
SunTrust Bank
William H. Rogers, Jr.
President and Chief Executive Officer
303 Peachtree Street, NE
36th Floor
Atlanta, Georgia 30308
Wells Fargo Bank, National Association
John G. Strumpf
President and Chief Executive Officer
101 N. Phillips Avenue
Sioux Falls SD 57100
Interstate Management Company, LLC
c/o Karen Lee Turner
1209 Orange Street
Wilmington, DE 19801
John Y. Lee, Esq.
Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC
233 East Redwood Street
Baltimore, MD 21202
(Counsel for SunTrust Bank)
John P. Van Beek
Goldman & Van Beek, P.C.
510 King Street
Suite 416
Alexandria VA 22313