Opinion
Case No.: 10-35540-NVA
2012-09-24
In re: K CAPITAL CORPORATION, Debtor.
Alan M. Grochal, Bar No. 01147 Christopher D. Heagy, Bar No. 28776 Tydings & Rosenberg LLP Attorneys for the Trustee Gordon B. Heyman Dackman & Heyman, LLC
SO ORDERED
_________________
U.S. BANKRUPTCY JUDGE
(Chapter 7)
STIPULATION AND CONSENT ORDER REGARDING
2004 EXAMINATION OF DACKMAN & HEYMAN, LLP
Charles R. Goldstein, Chapter 7 Trustee (the "Trustee") for K Capital Corporation ("K Capital"), and Dackman & Heyman LLP ("D&H" and collectively with the Trustee, the "Parties"), hereby file this Stipulation and Consent Order Regarding 2004 Examination of Dackman & Heyman, LLP, and state as follows:
1. On or about May 31, 2012, the Trustee filed a Motion for Rule 2004 Examination of D&H. On or about June 18, 2012, the Court granted the Motion for Rule 2004 Examination of D&H.
2. On or about July 3, 2012, the Trustee filed a Notice of Rule 2004 Examination of D&H, and issued a subpoena to D&H regarding the same.
3. On or about July 19, 2012, B&H filed a Motion to Quash Chapter 7 Trustee's Subpoena for Rule 2004 Examination of D&H (the "Motion to Quash").
4. The Court scheduled a hearing on the Motion to Quash, which was subsequently reset for September 21, 2012.
5. While the Motion to Quash was pending, the Trustee and D&H sought to resolve the issues related to the 2004 Examination and the Motion to Quash.
6. On or about, August 6, 2012, the Trustee conducted an initial document review of D&H loan files related to certain K Capital loans at the offices of D&H.
7. Based on the foregoing, the Parties stipulate and agree as follows: the Trustee shall have the right to identify and request to review D&H loan files related to specific loans made by K Capital. Any request to review a D&H loan file related to a specific loan by K Capital will be made by electronic mail to Gordon Heyman (gheyman@dackmanlaw.com), and will identify the K Capital loan file that the Trustee seeks to review. After receiving such request from the Trustee, D&H will have five business days to make the requested loan file available to the Trustee for review at the D&H office located at 2221 Maryland Avenue, Baltimore, Maryland 21218.
8. The United States Bankruptcy Court for the District of Maryland will retain jurisdiction to resolve any disputes between the Parties under this Stipulation and Consent Order. CONSENT TO FORM AND CONTENT: _________________
Alan M. Grochal, Bar No. 01147
Christopher D. Heagy, Bar No. 28776
Tydings & Rosenberg LLP
Attorneys for the Trustee
_________________
Gordon B. Heyman
Dackman & Heyman, LLC
Certification Pursuant to Admin. Order 03-02, Ex. A, Sec. V.B.1
I HEREBY CERTIFY that the terms of the copy of the foregoing 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.
_________________
Christopher D. Heagy
cc: Alan M. Grochal
Christopher D. Heagy
Tydings & Rosenberg LLP
100 East Pratt Street, 26th Floor
Baltimore, Maryland 21202
Gordon B. Heyman
Dackman & Heyman, LLC
2221 Maryland Avenue
Baltimore, Maryland 21218