Opinion
BK No. 08-17800, ADV. NO. 08-00697.
November 19, 2008
Lisa M. Shank, Attorney at Law (Fed. Bar #27625), Weinstein Riley, P.S., Seattle, Washington.
Lawrence F Regan Jr, Fed. Bar #3189, Attorney for Defendant.
ORDER AND JUDGMENT OF NONDISCHARGEABILITY
Based upon the Stipulation of the Parties, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The sum of $2,400.00 owed by Defendant to Plaintiff is found to be nondischargeable and Plaintiff is granted judgment against Defendant in this amount.
2. The non-discharged sum of $2,400.00 shall be paid as follows: the sum of $100.00 per month, each month for 24 months, commencing 12/01/2008. The remaining payments shall be due on the first day of each month thereafter. While not in default, such principal shall not bear interest.
3. Payments are to be made to:
Accounts Receivable
Attn: FIA Card Services, N.A. (f.k.a. MBNA America Bank, N.A.)
WEINSTEIN RILEY, P.S.
P.O. Box 3978
Seattle, WA 98124
INCLUDE ACCOUNT NUMBER ON PAYMENTS
Plaintiff or its agents may send monthly bills and invoices as a courtesy reminder to Defendant.
4. In the event Defendant defaults in payments, Plaintiff shall be entitled to declare the sum of $2,400.00, plus any interest, immediately due and payable, together with Plaintiff's reasonable attorneys' fees and costs incurred.
5. Defendant acknowledges and stipulates that if Defendant fails to make any payment as agreed, the remaining $2,400.00, less any payments made, shall bear interest at twelve percent (12%) per annum until paid or otherwise satisfied. However, no interest will accrue so long as payments are kept current.
6. Plaintiff will refrain from pursuing its rights under this agreement so long as Defendant continue to make payment on a regular, timely basis. If Defendant defaults, however, Plaintiff shall have the right to pursue any legally available remedy without further notice.
7. The parties shall pay their own attorney fees and costs in this matter.SO ORDERED
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-0 User: bbalthrop Date Created: 11/20/2008 Case: 08-00697 Form ID: pdfall Total: 7 aty Lawrence F. Regan, Jr. lregan@garzanet.com aty Lisa Marie Shank lisas@w-legal.com TOTAL: 2 pla FIA Card Services, N.A. c/o Weinstein Riley, P.S. 2001 Western Ave. Suite 400 Seattle, WA 98121 dft Liliana Suarez Rodriguez 8400 Barron Street Takoma Park, MD 20912 Lisa M. Shank Weinstein Riley, P.S. 2001 Western Avenue, Suite 400 Seattle, Washington 98121 LAWRENCE F REGAN JR 17 WEST JEFFERSON ST, SUITE 100 ROCKVILLE, MD 20850 Merrill Cohen Cohen, Baldinger Greenfeld, LLC 7910 Woodmont Avenue Suite 760 Bethesda, MD 20814 TOTAL: 5