Opinion
Case No: 10-13359 Adversary No. 10-00549
05-11-2012
In re: JAMES BRINKLEY DIANE BRINKLEY Debtor(s) PHILLIP LAUMANN Plaintiff v. DIANE BRINKLEY Defendant
Mary Albrecht Jordan 7420 Baltimore-Annapolis Boulevard Counsel for the Plaintiff Crystal D. Barnett 14 Crain Highway, SW Counsel for the Defendant
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U. S. BANKRUPTCY JUDGE
STIPULATION AND CONSENT ORDER
WHEREAS, on July 16, 2010, Plaintiff, Phillip Laumann ("Laumann") commenced the above-captioned adversary proceeding (the "Action") against the Defendant, Diane Brinkley ("Brinkley");
WHEREAS, on October 14, 2011 this Court entered an Order appointing Marc Baer as a Bankruptcy Dispute Resolution Advocate;
WHEREAS, the parties reached an agreement through dispute resolution on March 14, 2012; and
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties that:
1. Brinkley shall pay Laumann the sum of twelve thousand six hundred dollars ($12,600) beginning April 6, 2012 at the rate of one hundred fifty dollars ($150) per month to be paid monthly for a period of eighty-four (84) months;
2. Should Brinkley become more than thirty (30) days past due, Brinkley shall be in default of the terms of this Stipulation and Consent Order and the amount due from Brinkley to Laumami shall escalate to thirty thousand dollars ($30,000);
3. In the event that Brinkley shall desire to secure a future loan, Laumann agrees to subordinate any amounts due and owing under this Stipulation and Consent Order to other creditors, if necessary;
4. Laumami shall continue his collection efforts to collect certain monies owed to him as a result of judgment in favor of Laumann against Adam Revels ("Revels"); and
5. Should Laumami collect monies from Revels in excess of ten thousand dollars ($10,000), any amounts collected thereafter shall result in a direct credit toward the amount owed by Brinkley for each dollar secured by Laumami from Revels.
Having reviewied the terms and conditions of the Stipulation and Consent Order and finding the terms and conditions contained herein to be reasonable; it is by the United States Bankruptcy Court for the District of Maryland, SO ORDERED.
CONSENTED TO:
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Mary Albrecht Jordan
7420 Baltimore-Annapolis Boulevard
Counsel for the Plaintiff
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Crystal D. Barnett
14 Crain Highway, SW
Counsel for the Defendant
I HEREBY CERTIFY that the terms of the copy of the Stipulation and Consent Order submitted to the Court are identical to those set forth in the original Stipulation and Consent Order; and the signatures represented by the I si on this copy reference the signatures of consenting parties on the original Stipulation and Consent Order.
Crystal D. Barnett