Opinion
Case No. 08-18497, Adv. Pro. 08-00733.
November 18, 2008
Attorney for Wachovia Bank, N.A., KUTAK ROCK LLP, Jennifer M. Blunt, Esquire, Washington, DC.
KUTAK ROCK LLP, Loc Pfeiffer, Esquire, Richmond, VA.
David M. Silbiger, Esq., Attorney for Defendant/Debtor, Baltimore, Maryland.
STIPULATION AND CONSENT ORDER REGARDING NON-DISCHARGEABILITY OF DEBT
In connection with the above referenced Adversarial Proceeding, Plaintiff Wachovia Bank, National Association ("Wachovia"), and Defendant/Debtor Clifford Shin ("Shin") by and through their undersigned counsel, hereby stipulate to the entry of this Consent Order. Accordingly, it is ORDERED, ADJUDGED AND DECREED THAT:
Unless defined herein, all capitalized terms shall have the same meaning as referenced in the Complaint commencing this Adversary Proceeding.
1. This Court has subject matter jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334 and personal jurisdiction over all parties pursuant to Rule 7004(f) of the Federal Rules of Bankruptcy Procedure.
2. The debt is non dischargeable pursuant to the terms of the Settlement Agreement in which Shin agreed that "[i]n the event that Shin files a bankruptcy petition under Title 11 of the United States Code, the debt represented by the balance due under the Promissory Note shall be non-dischargeable pursuant to 11 U.S.C. § 523 and/or 11 U.S.C. § 727.
3. The debt owed to Wachovia totals $229,939.00. Interest and other charges shall continue to accrue in accordance with the terms of the Settlement Agreement and the Promissory Note.
4. This Adversary Proceeding is hereby dismissed pursuant to Rule 7041 of the Federal Rules of Bankruptcy Procedure.
SO ORDERED
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-1 User: srudolf Date Created: 11/18/2008 Case: 08-00733 Form ID: pdfall Total: 5 aty Jennifer M. Blunt jennifer.blunt@kutakrock.com TOTAL: 1 pla Wachovia Bank, National Association c/o Jennifer M. Blunt Kutak Rock LLP 1101 Connecticut Avenue, NW Washington, DC 20036 dft Clifford Shin 3136 River Valley Chase West Friendship, MD 21794 David M. Silbiger, Esq. Attorney for Defendant/Debtor 110 E. Lexington Street Suite 100 Baltimore, Maryland 2120 KUTAK ROCK LLP Loc Pfeiffer, Esquire 1111 East Main Street Suite 800 Richmond, VA 23219 TOTAL: 4