Opinion
Case No.: 07-15226, Adver. No.: 07-00574.
July 30, 2008
Raquel S. White, Esq. (Bar# 16306), Attorney for Plaintiff.
ANgela L. Ward, Defendant, Pro-se.
STIPULATION OF NONDISCHARGEABILITY AND PAYMENT PLAN
Plaintiff, The Nickens Group, Inc., by and through its attorney-of-record Raquel S. White, Esq., and Defendant, Angela L. Ward, pro-se, hereby stipulate as follows:
RECITALS
1. On or about 06/08/2007, Defendant filed for relief under Chapter 7 of the Bankruptcy Code.
2. On the date of the filing of the petition in this case, Defendant was indebted to Plaintiff.
3. Plaintiff has filed an Adversary Proceeding objecting to the discharge of the debt. The Parties desire to resolve this matter without further litigation upon the terms and conditions herein.
AGRREEMENT
4. The Parties agree that the sum of $2,500.00 owed by the Defendant to Plaintiff shall not be discharged by order of this Court.
5. The non-discharged sum of $2,500.00 shall be paid as follows: the sum of $100.00 per month, each month for 25 months, commencing on 06/15/2008. While not in default, such principal shall not bear interest.
6. Payments are to be made to:
Demetrius Nickens
The Nickens Group, Inc.
2123 Maryland Avenue
Suite 300
Baltimore, MD 21218
7. In the event Defendant defaults in payments, Defendant consents to the entry of a judgment in Plaintiff's favor for the entire remaining balance, immediately due and payable, together with Plaintiff's attorneys' fees of $1,000.00 and court costs of $450.00, plus post judgment interest at the legal rate.
8. Plaintiff will refrain from pursuing its rights under this agreement so long as Defendant continues to make payments on a regular, timely basis.
9. Defendant understands the Defendant is waiving Defendant's right to a trial and the right to a discharge of this debt should Defendant prevail at trial. Defendant has carefully considered this settlement with an attorney of Defendant's choice, or has voluntarily elected not to do so, after being given that opportunity.SO ORDERED