Opinion
Case No. 08-12443, Adversary Proceeding #: 08-00460.
August 29, 2008
RICHARD D. LONDON, Attorney for Plaintiff.
/s/ Steven L. Goldberg, Attorney for Defendant.
STIPULATION OF SETTLEMENT AND ORDER
The Plaintiff and defendant, by counsel, stipulate and agree as follows:
1. Plaintiff has filed a complaint to determine debtor's debt to plaintiff, plus attorney's fees and costs, as nondischargable.
2. The parties have agreed to a settlement of this matter, conditioned upon the defendant James Patrick Saunders, paying the sum of $5000.00, payable at the rate of $166.67 per month by the end of August, 2008, and $166.67 per month by the end of each month for 30 months thereafter or until paid. The payments will be sent to FIA Card Services, Attn: Mr. BK, 1000 Samoset Drive, DE5-023-03-03, Newark, DE 19713, or such other address specified by Plaintiff, with the account number of 5490357512133299 on the payment.
3. The debt of defendant to plaintiff in the amount of $5,000.00, plus interest from date of filing of the petition, attorney's fees of $550.00 and court costs of $250.00, will be determined to be nondischargable. If defendant pays the $5,000.00 per the terms of paragraph two as agreed, Plaintiff will accept this amount as full settlement.
4. In the event of default in making the payments in paragraph 2 above, in addition to the remaining balance of the $5,000.00, defendant will also be liable to plaintiff for attorney's fees of $550.00 and costs of $250.00, plus interest.