Opinion
Case No. 07-21814-JS.
July 11, 2008
Richard M. Goldberg, Bar No. 07994, Diarmuid F. Gorham, Bar No. 25859, Shapiro Sher Guinot Sandler, Baltimore, Maryland, Attorneys for Fieldstone Mortgage Company.
Michael L. Molinaro, Loeb Loeb LLP, Chicago, IL, and Gerald Danoff, Esquire, Danoff King, P.A., Towson, MD, Attorneys for HSBC Mortgage Services, Inc.
STIPULATION AND CONSENT ORDER ESTIMATING AMOUNT OF PROOF OF CLAIM NO. 332 FILED BY HSBC MORTGAGE SERVICES, INC. FOR VOTING PURPOSES ONLY
Fieldstone Mortgage Company, Debtor and Debtor in Possession (the "Debtor"), and HSBC Mortgage Services, Inc. f/k/a Household Financial Services ("HSBC"), hereby stipulate and consent as follows:
WHEREAS, on March 28, 2008 HSBC filed Proof of Claim No. 332 seeking the allowance of a claim against the Debtor in the aggregate amount of $27,489,089.48; and
WHEREAS on May 6, 2008 HSBC amended Proof of Claim No. 332 to increase the amount of the claim to $28,381,390.80 (the "HSBC Claim");
WHEREAS, on June 9, 2008, the Debtor filed its Omnibus Objection to Certain Repurchase and Related Claims (the "Objection") [Docket No. 604], objecting to inter alia the HSBC Claim; and
WHEREAS, in order for HSBC to cast its ballot for the Debtor's Plan of Reorganization, and have it included for voting purposes, the parties wish to estimate the amount of the HSBC Claim for voting purposes only (the "Estimated HSBC Claim").
IT IS NOW, THEREFORE, STIPULATED AND CONSENTED AS FOLLOWS:
1. The HSBC Estimated Claim shall be estimated for purposes of voting on the Debtor's plan in the amount of $17,028,834.48.
2. This estimation, under Fed.R.Bank.P. 3018(a), is solely for purposes of voting for the Plan and is not binding, relevant or admissible for any other purpose.SO ORDERED