Opinion
Case No. 10-38095-NVA Case No. 10-38104-NVA
2012-09-06
In re: ALEXANDER PROPERTIES, L.L.C., And SOULTANA EFTHIMIADIS, Debtors.
Michael C. Bolesta, 27667 Gebhardt & Smith LLP Attorneys for The Patapsco Bank James C. Olson, 07973 Owings Mills, Maryland 21117 Attorney for Alexander Properties, LLC Katherine A. Levin Baltimore, Maryland 21201 United States Trustee
SO ORDERED
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NANCY V. ALQUIST
U.S. BANKRUPTCY JUDGE
Chapter 11
Jointly Administered under Case No. 10-38095-NVA
STIPULATION AND CONSENT ORDER
(Docket No.'s 55, 60, 111, 118 and 132)
Upon consideration of the (i) Motion to Dismiss Chapter 11 Case of Debtor, Alexander Properties, L.L.C. (the "Patapsco Motion to Dismiss") [Docket No. 55], filed by The Patapsco Bank ("Patapsco") on or about August 22, 2011; (ii) Opposition to the Patapsco Motion to Dismiss, filed by the Debtor, Alexander Properties, L.L.C. (the "Debtor") on or about September 6, 2011 [Docket No. 60]; (iii) Supplemental Opposition to the Patapsco Motion to Dismiss filed by the Debtor on or about July 3, 2012 [Docket No. 111]; (iv) Motion to Convert to Chapter 7 or Dismiss (the "Trustee Motion to Dismiss") [Docket No. 118], filed by the United States Trustee (the "Trustee") on or about August 9, 2012; and (v) Opposition to the Trustee Motion to Dismiss [Docket No. 132] filed by the Debtor on or about August 23, 2012; and after consideration of the arguments presented by the parties at the hearing on the Trustee Motion to Dismiss, held on or about August 27, 2012, and good cause having been shown, and the Debtor, Patapsco Bank and the Trustee having consented to the entry of this Stipulation and Consent Order, it is by the United States Bankruptcy Court for the District of Maryland, hereby:
ORDERED, that upon written notice to the Court by Patapsco, the Chapter 11 case of the Debtor, Case No. 10-38095-NVA, shall be dismissed with prejudice on or after September 28, 2012, unless either (i) the Debtor files with this Court, on or before 5:00 p.m. on September 27, 2012, a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, which such plan contains the express written consent of Patapsco; or (ii) the Trustee, Patapsco and the Debtor file a joint stipulation extending the time to a date certain within which the Debtor may file a confirmable plan of reorganization under Chapter 11 of the United States Bankruptcy Code; and it is further
ORDERED, that the Chapter 11 Case of Soultana Efthimiadis, Case No. 10-38104-NVA, shall not be affected by this Stipulation and Consent Order; and it is further
ORDERED, that the Debtor stipulates and agrees that it shall take no further action regarding or appeal from the Order, dated August 6, 2012, entered by the United States District Court for the District of Maryland, Case No. Case 1:11-cv-03056-JKB [Docket No. 37], affirming this Court's Memorandum Order Denying Approval of Disclosure Statement, dated September 29, 2011 [Docket No. 63]. STIPULATED AND CONSENTED TO: ______________
Michael C. Bolesta, 27667
Gebhardt & Smith LLP
Attorneys for The Patapsco Bank
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James C. Olson, 07973
Owings Mills, Maryland 21117
Attorney for Alexander Properties, LLC
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Katherine A. Levin
Baltimore, Maryland 21201
United States Trustee
I HEREBY CERTIFY that the terms of the copy of this Stipulation submitted to the Court are identical to those set forth in the original Stipulation; and the signatures represented by the /s/___ on this copy reference the signatures of consenting parties on the original Stipulation.
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Michael C. Bolesta, 27667
cc: Michael C. Bolesta
GEBHARDT & SMITH LLP
Baltimore, Maryland 21202
Attorneys for The Patapsco Bank
Alexander Properties, L.L.C.
C/O Kyriakos Efthimiadis
Annapolis, Maryland 21403
Debtor
James C. Olson
Owings Mills, Maryland 21117
Attorney for Debtor, Alexander Properties, L.L.C.
Soultana Efthimiadis
Jointly Administered Debtor in Case No. 10-38104-NVA
Aryeh E. Stein
Meridian Law, LLC
Baltimore, Maryland 21208
Attorneys for Jointly Administered Debtor, Soultana Efthimiadis
Katherine A. Levin
Baltimore, Maryland 21201
United States Trustee