Opinion
Bankruptcy No. 12-32678 JTM
02-26-2013
In re: Larry Frear, Debtor.
Kent W. Plott (USB No. 5336) Mark S. Middlemas (USB No. 9252) Lundberg & Associates Attorneys for Home Savings Bank L&A Case No. 13-32034
Kent W. Plott (USB No. 5336)
Mark S. Middlemas (USB No. 9252)
Lundberg & Associates
Attorneys for Home Savings Bank
L&A Case No. 13-32034
(a Chapter 7 case)
Filed Electronically
Hearing March 4, 2013 @ 9:00 a.m.
ORDER TERMINATING THE AUTOMATIC STAY
Home Savings Bank ("Creditor") filed a Motion for Termination of the Automatic Stay. There being no objection to the motion, and good cause appearing therefore, it is hereby ORDERED, adjudged and decreed that the automatic stay in this case is terminated as to the real property of the debtor located at 1600 West Pinebrook Blvd. #E-5, Park City, in Summit County, Utah, more particularly described as:
Unit E-5, contained within the PINE CREEK CONDOMINIUMS, A CONDOMINIUM PROJECT as the same is identified in the Record of Survey Map, recorded on December 16, 1996 in Summit County, as Entry No. 459573, (as said Record of Survey Map may have heretofore been amended or supplemented) and in the Declaration recorded in Summit County, as Entry No. 469574 in Book 1015 at Page 186 (as said Declaration may have heretofore been amended or supplemented).
Together with the appurtenant undivided interest in said Project's Common Areas as established in said Declaration and allowing for period alteration both in the magnitude of said undivided interest and in the composition of the Common Areas and Facilities to which said interest relates.
Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property.
It is further ORDERED that Creditor, and/or its successors and assigns, is permitted to proceed, pursuant to applicable non-bankruptcy law, to exercise all of its legal remedies and rights, including any right of assessment of reasonable fees and costs as provided by contract or statute, against the above-described property; and,
It is further ORDERED that Creditor and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement, loan modification, refinance agreement or other loan workout/loss mitigation agreement. Any such agreement shall be nonrecourse unless included in a reaffirmation agreement. Creditor may contact the Debtors via telephone or written correspondence to offer such an agreement. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other Chapter of Title 11 of the United States code.
CERTIFICATE OF SERVICE - BY NOTICE OF ELECTRONIC FILING (CM/ECF)
I certify that on _______________ I electronically filed the Order with the United States Bankruptcy Court for the District of Utah by using the CM/ECF system. I further certify that the parties of record in this case, as identified below, are registered CM/ECF users and will be served through the CM/ECF system.
Jeffrey C. Shorter
Smart Schofield Shorter & Lunceford
jeff. shorter@utahlaw-smart.com
ECF
Attorney for Debtor
Stephen W. Rupp
rupptrustee@mbt-law.com , UT03@ecfcbis.com
ECF
Chapter 7 Trustee
_______________
United States Bankruptcy Clerk
CERTIFICATE OF SERVICE - MAIL, OTHER
I certify that on _______________ I cause to be served a true and correct copy of the Order as follows: Mail Service - By regular first class United States mail, postage fully pre-paid addressed to:
Larry Frear
1600 West Pinebrook Blvd. #E-5
Park City, UT 84098
Debtor
Larry Frear
P.O. Box 682194
Park City, UT 84068
Debtor
_______________
United States Bankruptcy Clerk