Opinion
Case No.: 11-21904 RAG
09-27-2011
In re: JAMES M. JOST AND COMPANY, INC. Debtor
Evan M. Goldman, Esquire Attorneys for Chapter 7 Trustee Camela J. Sandmann, Esquire Attorney for Howard County
SO ORDERED
U. S. BANKRUPTCY JUDGE
Chapter 7
STIPULATION AND CONSENT ORDER
RESOLVING OBJECTION TO NOTICE OF PRIVATE SALE
Brian A. Goldman, Trustee (the "Trustee"), and Howard County, Maryland ("Howard County"), through counsel, hereby stipulate and agree as follows:
WHEREAS, On June 7, 2011, James M. Jost and Company, Inc. (the "Debtor") filed a voluntary petition under Chapter 7 of Title 11 of the United States Code;
WHEREAS, the Trustee has been appointed the Chapter 7 Trustee, has accepted his appointment, and has qualified as such by having his bond approved;
WHEREAS, on August 9, 2011 the Trustee, through counsel, filed a Notice of Proposed Use, Sale or Lease of Property Outside of the Normal Course of Business (the "Notice")(Document No. 27) pursuant to Bankruptcy Rules 6004(a) and 2002(a)(2), (c)(1), and (k), to sell the personal property (the "Property") described in the Notice, owned by the above-captioned Debtor, free and clear of all liens, encumbrances and other interests;
WHEREAS, on August 29, 2011, Howard County, through counsel, filed an Objection to the Notice pursuant to Section 14-804 of the Maryland Tax-Property Article of the Annotated Code of Maryland claiming a lien on the Property in the amount of $2,913.49 (the "Objection").
WHEREAS, Howard County has agreed to accept $2,533.47 in full satisfaction of the Objection and any and all claims against Debtor for personal property tax;
IT IS THEREFORE ORDERED:
1. Within ten (10) days of entry of this Order, the Trustee shall pay Howard County the sum of $2,533.47, which will fully satisfy the amount claimed due in the Objection and any and all claims of Howard County against the Debtor for personal property tax, and
2. The Trustee is permitted to sell the Property described in the Notice free and clear of all liens, encumbrances and other interests.
STIPULATED AND AGREED:
Evan M. Goldman, Esquire
Attorneys for Chapter 7 Trustee
Camela J. Sandmann, Esquire
Attorney for Howard County
I HEREBY CERTIFY that the terms of the copy of the Consent Order submitted to the Court are identical to those set forth in the original Consent Order; and the signatures represented by the /s/_on this copy reference the signatures of consenting parties on the original Consent Order.
Evan M. Goldman
cc:
Camela J. Sandmann, Esquire
Assistant County Solicitor
Carroll Building
3450 Courthouse Drive
Ellicott City, Maryland 21043
Evan M. Goldman, Esquire
Mark Edelson, Esquire
Goldman & Goldman, P. A.
36 South Charles Street, Suite 2401
Baltimore, Maryland 21201
Office of the U.S. Trustee
101 West Lombard Street
Garmatz Courthouse, Suite 2625
Baltimore, Maryland 21201
Jan O'Connor, Esquire
5401 Twin Knolls Road
Suite 10
Columbia, MD 21045
Ms. Rebecca D. Jones
RD Jones & Associates
729 E. Pratt Street. Suite 2000
Baltimore, Maryland 21202