Opinion
Case No. 10-17201-NA, Adv. No. 10-00614-nva.
January 5, 2011
Zvi Guttman, Chapter 7 Trustee, Plaintiff/Counter-Defendant, HSBC Bank USA, National Association, as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2006-NC1, Defendant/Counter-Plaintiff, and Duane and Judith Dixon, the Debtors in this case, each by their respective counsel, hereby stipulate as follows:
1. Upon entry of this Stipulation, the Trustee will withdraw his Limited Opposition (the "Opposition") [P. 93 in the main case] to the Debtors' Motion For Authority To Incur Secured Debt For The Purpose Of Modifying The Terms Of An Existing Secured Loan For Real Property And Notice Of Opportunity To Object (the "Motion") [P. 92 in the main case] as to 9226 Curtis Drive, Columbia, MD 21045 (the "Property").
2. The Court will consider and rule upon the Motion based upon its own merits and objections of record other than the Trustee's, if any.
3. Irrespective of the Court's ruling on the Motion or any refinancing, extension or loan modification or adjustment pursuant thereto, the parties hereto agree that the claims and defenses in the captioned case and adversary proceeding relative to the existing loan and loan documentation shall remain unaffected, unimpaired and unaltered as if no motion had been filed or ruled upon and as if no refinancing, extension or loan modification or adjustment relative to the Property had taken place.
Consented to:
/s/ Zvi Guttman /s/ Emil Hirsch /s/ Ronald A. Wray Counsel to the Trustee Washington, DC 20036 Counsel to the Debtors Counsel to HSBC
Law Offices of Zvi Guttman, PA Bradley Arant Boult Cummings Law Offices of Ronald A. Wray Post Office Box 32308 1133 Connecticut Avenue NW 527 Gentry Court Baltimore, Maryland 21282 Suite 1200 Westminster, MD 21157 I HEREBY CERTIFY that the terms of the copy of this consent order/stipulation submitted to the Court are identical to those set forth in the original consent order/stipulation; and the signatures represented by the /s/__________on this copy reference the signatures of consenting parties on the original consent order/stipulation. /s/ Zvi Guttman