Opinion
BK No. 07-21873, ADV. NO. 08-00536.
September 22, 2008
Lisa M. Shank, Fed. Bar #27625, Attorney for Plaintiff.
Richard B Starkey, Bar #, Attorney for Defendant.
ORDER AND JUDGMENT OF NONDISCHARGEABILITY
Based upon the Stipulation of the Parties, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: $3,500.00 $3,500.00 the sum of $100.00 per month, each month for 35 months, commencing 10/01/2008. Accounts Receivable Attn: FIA Card Services, N.A. (f.k.a. MBNA America Bank, N.A.) WEINSTEIN RILEY, P.S. PO Box 3978 Seattle, WA 98124 INCLUDE ACCOUNT NUMBER ON PAYMENTS $3,500.00, $3,500.00,
1. The sum of owed by Defendant to Plaintiff is found to be nondischargeable and Plaintiff is granted judgment against Defendant in this amount. 2. The non-discharged sum of shall be paid as follows: The remaining payments shall be due on the same day of each month thereafter. While not in default, such principal shall not bear interest. 3. Payments are to be made to: Plaintiff or its agents may send monthly bills and invoices as a courtesy reminder to Defendant. 4. In the event Defendant defaults in payments, Plaintiff shall be entitled to declare the sum of plus any interest, immediately due and payable, together with Plaintiff's reasonable attorneys' fees and costs incurred. 5. Defendant acknowledges and stipulates that if Defendant fails to make any payment as agreed, the remaining less any payments made, shall bear interest at twelve percent (12%) per annum until paid or otherwise satisfied. However, no interest will accrue so long as payments are kept current. 6. Plaintiff will refrain from pursuing its rights under this agreement so long as Defendant continue to make payment on a regular, timely basis. If Defendant defaults, however, Plaintiff shall have the right to pursue any legally available remedy without further notice. 7. The parties shall pay their own attorney fees and costs in this matter. SO ORDERED