Opinion
CASE NO: 08-13796, Adversary No. 08-0297NVA.
July 9, 2008
Michael G. Rinn, Esquire, Federal Bar No. 01310, Cockeysville, Maryland, Trustee/Counsel to Trustee.
Christine Saverda Nielson, Esquire, Law Offices of Christine S. Nielson, Esquire, Towson, Maryland, Counsel to Rondout Electric, Inc., a/k/a Rondout Electric Company, Inc.
STIPULATION AND CONSENT ORDER AVOIDING PREFERENTIAL TRANSFER AND AUTHORIZING SALE FREE AND CLEAR OF LIENS
Upon Consideration of the consent and request of the parties to the entry of an Order in the following format, all as reflected by their signatures or the signatures of their respective counsel, good cause appearing it is; by the United States Bankruptcy Court for the District of Maryland;
ORDERED; That the parties Stipulation and Consent Order Avoiding Preferential Transfer and Authorizing Sale Free and Clear of Liens is Approved; and it is further;
ORDERED, The judgment entered in favor of Rondout Electric, Inc. AKA Rondout Electric Company, Inc. and against the Debtor in the Circuit Court for Anne Arundel County in the case captioned Roundout Electric Company, Inc. V. John D. Eisinger, Et al case No. 02C0712056, shall be and the same is hereby avoided and, subject to the terms of this Consent Order declared null and void to the extent the judgment imposed or operated to create a lien or encumbrance on the real property of the Debtor known as 1700 Robinhood Road, Annapolis, Maryland 21401, and it is further;
ORDERED, Rondout Electric, Inc. AKA Rondout Electric Company, Inc. shall be allowed a general unsecured claim in this proceeding in the amount of $192,451.28 and it is further;
ORDERED, In the event of dismissal of the bankruptcy proceedings of John D. Eisinger, Case No., 08-13796 then in such event Rondout Electric, Inc. AKA Rondout Electric Company, Inc. shall be entitled to reassert the lien against the real property known as 1700 Robinhood Road, Annapolis, Maryland 21401, and it is further;
ORDERED, that Michael G. Rinn, Trustee of the Bankruptcy Estate of John D. Eisinger subject to further Notice pursuant to BR 2002(a), shall be and is hereby authorized to offer for sale and, to sell and conclude settlement upon the Real Property described herein, to wit; 1700 Robinhood Road, Annapolis, Maryland 21401 free and clear of the claims, liens and interests of Rondout Electric, Inc. AKA Rondout Electric Company, Inc. specifically including but not limited to claims arising out or flowing through any judgment lien recorded or entered in the Circuit Court for Anne Arundel County, Maryland; and it is further;
ORDERED, That the entry of this Order is with full reservation of the of rights of Rondout Electric, Inc. AKA Rondout Electric Company, Inc., to initiate and prosecute proceedings to Determine the Dischargeability of the debt to Rondout Electric, Inc. AKA Rondout Electric Company, Inc. and to object to the Discharge of the Debtor. This Order shall not operate as a bar, estoppel, defense or release in any proceedings which may be initiated by Rondout Electric, Inc. AKA Rondout Electric Company, Inc to Determine the Dischargeability of the debt to Debtor and to object to the Discharge of the Debtor.
SO ORDERED.