Opinion
Case No.: 08-16168-RAG.
July 18, 2008
Robert W. Thompson, Esq., Annapolis, MD, Attorney for Debtor.
Merrill Cohen, Bethesda, Maryland, Attorney for Movant.
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO AUTO FINANCE
Anita Cassandra Chandler, the debtor herein, by and through her attorney, Robert W. Thompson, and Wells Fargo Auto Finance ("Wells Fargo"), by and through its attorney, Merrill Cohen, hereby stipulate and agree as follows:
1. The automatic stay provisions set forth in 11 U.S.C. 362(a) are hereby deemed lifted to permit Wells Fargo to enforce its security interests to repossess and dispose of, if necessary, the debtor's 2004 Mercedes E500, S.N. WDBUF83J24X123247 (the "subject vehicle").
2. The debtor has agreed to reaffirm her debt to Wells Fargo pursuant to 11 U.S.C. Section 524(c). Under the terms of the Reaffirmation Agreement which has been entered into by the debtor and Wells Fargo, the balance on the loan has been reduced from $37,639.77 to $26,148.75; the interest rate has been reduced from 13.60% to 8.00%; and the monthly payment has been reduced from $888.66 to $546.00 effective May 2, 2008.
3. Wells Fargo agrees not to enforce its rights under its security interest and agrees to stay execution of this order provided that the debtor does not rescind the Reaffirmation Agreement pursuant to 11 U.S.C. Section 524(c)(4) and that the Reaffirmation Agreement is approved by the Court.
4. In the event that the debtor rescinds the Reaffirmation Agreement or the Reaffirmation Agreement is not approved by the Court, Wells Fargo shall be entitled to repossess and dispose of, pursuant to applicable law, the subject vehicle, without further notice, hearing, or order of Court.