Long v. Valleycrest Landscape Dev., Inc. (In re Long)

Full title: In re: JEFFRIE E. LONG, SR. SHARON L. LONG, Debtors and…

Court: UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND

Date published: Apr 17, 2012

Case No. 11-29719-TJC (Bankr. D. Md. Apr. 17, 2012)

Opinion

Case No. 11-29719-TJC Adversary No. 12-00095

2012-04-17

In re: JEFFRIE E. LONG, SR. SHARON L. LONG, Debtors and Debtors-in-Possession JEFFRIE AND SHARON LONG Plaintiffs, v. VALLEYCREST LANDSCAPE DEVELOPMENT, INC. Defendant.

THOMAS J. CATLJOTA

SO ORDERED

___________

U. S. BANKRUPTCY JUDGE

Chapter 11

STIPULATION AND CONSENT ORDER AVOIDING JUDICIAL LIEN OF

VALLEYCREST LANDSCAPE DEVELOPMENT, INC. AS A PREFERENTIAL

TRANSFER PURSUANT TO 11 U.S.C. § 547(f)

Plaintiffs Jeffrie and Sharon Long, Debtors and Debtors-In-Possession ("Debtors" or "Plaintiffs") and Defendant Valleycrest Landscape Development (the "Defendant"), by and through their respective counsel, hereby stipulate as to Count I (Avoidance of Preferential Transfer 11 U.S.C. § 547) of the Complaint to Avoid Preferential Transfer, that the recordation of the judicial lien in the Circuit Court for Calvert County, Maryland is a preferential transfer within the meaning of 11 U.S.C. § 547. The parties further stipulate and agree that judgment be entered in favor of Plaintiffs and against Defendant as to Count I and that the judicial lien of Defendant is avoided. The parties further stipulate and agree that the adversary case be held open pending disposition of the Defendant's motion for leave to file a counterclaim for nondischargability.

NOW THEREFORE, it is by the United States Bankruptcy Court for the District of Maryland, SO ORDERED.

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 that the signatures represented by the /s/ _ on this copy reference the signatures of consenting parties on the original stipulation and consent order.

___________

Alon J. Nager, #28551

Respectfully submitted,

___________

Shawn C. Whittaker, Bar No. 14958

Whittaker & Associates, P.C.

1010 Rockville Pike, Suite 607

Rockville, Maryland 20851

(301) 838-4502 - Telephone

(301) 838-4505 - Fax

shawn@whittaker-law.com

Attorney for Defendant Valleycrest

Landscape Development

___________

Alon J. Nager, Bar No. 28551

7164 Columbia Gateway Drive, Suite 205

Columbia, Maryland 21046

(443) 546-4608 - Telephone

(443) 546-4621 - Fax

anager@chaifetzandcoyle.com

Attorney for Plaintiffs Jeffrie and Sharon

Long

Cc:

Plaintiffs

Defendants

All Interested Parties

Office of the U.S. Trustee, Greenbelt