Opinion
Case No. 08-11103-PM.
August 21, 2008
SEEN AND AGREED, W. CLARKSON McDOW, JR., United States Trustee, Region 4, By Counsel: David I. Gold, Bar No. 15567, Trial Attorney, Greenbelt, MD.
LINDA G. McCLURE, Debtor, By Counsel: Stanton J. Levinson, Silver Spring, MD.
STIPULATION AND CONSENT ORDER RESOLVING UNITED STATES TRUSTEE'S MOTION TO CONVERT OR DISMISS CASE
WHEREAS, on July 18, 2008, W. Clarkson McDow, Jr., United States Trustee for Region 4 (the "UST") filed his motion to convert or dismiss the above-captioned case (the "Motion");
WHEREAS the UST and the Debtor, by the signatures of their counsel below, have agreed to resolve this matter on the following terms and conditions, it is hereby STIPULATED AND AGREED that:
1. On or before September 22, 2008, the Debtor shall file a Chapter 11 plan ("Plan") and disclosure statement ("Disclosure Statement") in this case; and
2. In the event the Debtor fails to file the Plan and Disclosure Statement as required under Paragraph One (1) of this Stipulation and Consent Order, the UST may file an Affidavit of Default with the Court, and the case shall be converted to one under Chapter 7 of the Bankruptcy Code forthwith; and
3. On or before September 2, 2008, the Debtor shall file her monthly operating reports (the "MOR's") for January, February, March, April, May, June, and July 2008; and
4. In the event the Debtor fails to file the MOR's as required under Paragraph Three (3) of this Stipulation and Consent Order, the UST may file an Affidavit of Default with the Court, and the case shall be converted to one under Chapter 7 of the Bankruptcy Code forthwith; and
5. Beginning with her August 2008 MOR due on September 20, 2008, and continuing on the 20th of each month thereafter, the Debtor shall timely file all future MOR's; and
6. In the event the Debtor fails to file her MOR's as required under Paragraph Five (5) of this Stipulation and Consent Order, the UST may file an Affidavit of Default with the Court, and the case shall be converted to one under Chapter 7 of the Bankruptcy Code forthwith; and
7. Within ten (10) days of the entry of this Stipulation and Consent Order, the Debtor shall cure the quarterly fees presently due and owing to the Office of the UST by tendering $650.00 to the Office of the UST c/o the U.S. Trustee Payment Processing Center, P.O. Box 70937, Charlotte, NC 28272-0937; and
8. In the event the Debtor fails to tender her quarterly fee payments to the Office of the UST as required under Paragraph Seven (7) of this Stipulation and Consent Order, the UST may file an Affidavit of Default with the Court, and the case shall be converted to one under Chapter 7 of the Bankruptcy Code forthwith; and
9. Beginning with her quarterly fee payment due and owing for the third quarter 2008, the Debtor shall timely tender all future quarterly fee payments to the Office of the UST; and
10. In the event the Debtor fails to make all required quarterly fee payments to the Office of the UST as required under Paragraph Nine (9) of this Stipulation and Consent Order, the UST may file an Affidavit of Default with the Court, and the case shall be converted to one under Chapter 7 of the Bankruptcy Code forthwith.