Opinion
CASE NO. 11-17671
2012-01-10
In re: BERNICE ELIZABETH MASON Debtor BERNICE ELIZABETH MASON Movant v. AVEDON CONTRACTING, INC. Movant
LAW OFFICES OF JOHN M. HARRISON LLC John Michael Harrison, #17224 Attorney for Debtor IRA C. WOLPERT, ESQUIRE Attorney for Avedon Contracting, Inc.
SO ORDERED
___________________________
U. S. BANKRUPTCY JUDGE
Chapter 7
CONSENT ORDER
The debtor, Bernice Elizabeth Mason, Debtor and Movant, by and through her counsel, John Michael Harrison and The Law Offices of John Michael Harrison, LLC, and Avedon Contracting, Inc. ("Avedon"), Movant, by and through its counsel, Ira Wolpert, Esq., filed a Stipulation to the terms of this Consent Motion on or about November 14, 2011. Having considered the Movants' stipulation, and any response filed thereto, and it appearing that proper notice has been given, it is by the United States Bankruptcy Court for the District of Maryland,
ORDERED, that:
A. The amount to be paid by the Debtor to Avedon Contracting, Inc. will be the sum total of $30,000.00;
B. The Debtor, on or before November 18, 2011, will make a down payment of $15,000.00 cash via wire to an account designated by Avedon's Counsel.
C. Commencing on December 21, 2011 and on the 21st day of each month thereafter for twenty four (24) months, the Debtor will begin to make monthly payments of Two Hundred and 0/100 Dollars ($200.00) on the remaining principal balance $15,000.00; interest on the balance of that $15,000.00 will be paid at the rate of ten percent (10%).
D. All payments made by the Debtor will be made by electronic wire.
E. On or before January 21, 2011, the Debtor will make a balloon payment for any amounts still due and payable (see a payment schedule attached hereto as Exhibit "A" and incorporated by reference herein).
F. The Debtor has the right to pre-pay any portion of the balance due without penalty.
G. After payment of all the sums due, Avedon will immediately record a Release of Lien in any county land records where a money judgment was obtained or a lien was recorded referencing the judgment obtained in the Prince George's County Circuit Court (Case #09-107960).
H. In the event the Debtor does not make a payment on or before a due date, Avedon will notify the Debtor within ten (10) days that payment has not been received; thereafter, the Debtor will have ten (10) days to reinstate, cure and bring current the late payment.
I. In the event the Debtor fails to cure any default as describe in H. above, she will be indebted for the full amount of the Lien less any amounts already paid by virtue of this agreement. J. Avedon maintains its rights to enforce this stipulation of settlement in the State Court, and it is hereby agreed that this stipulation can be filed, at Avedon's option, in any State Court to enforce its rights. I. In the event Avedon receives any monies from the Chapter 7 Trustee as a result of successful claims made on behalf of the estate of Bernice Elizabeth Mason, those amounts will not be a credit and are in addition to the amounts due pursuant to the agreement described herein.
By their signatures below, both counsel for the Debtor and counsel for Avedon have been duly appointed and are authorized to enter into this stipulation on behalf of their respective clients.
WHEREFORE, Debtor and Movant, Bernice Elizabeth Mason, and Movant Avedon Contracting, Inc. respectfully request that this Court grant this Consent Motion, and for such other and further relief as this Honorable Court deems necessary and proper.
LAW OFFICES OF JOHN M. HARRISON LLC
___________________________
John Michael Harrison, #17224
Attorney for Debtor
IRA C. WOLPERT, ESQUIRE
___________________________
Attorney for Avedon Contracting, Inc.
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by the _____ on this copy reference the signatures of the consenting parties on the original consent order.
LAW OFFICES OF JOHN M. HARRISON LLC
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John Michael Harrison, #17224
Attorney for Debtor
CERTIFICATE OF SERVICE
I, John Michael Harrison, Esq., counsel for the Debtor Bernice Elizabeth Mason, do HEREBY CERTIFY that on this 9th day of January 2012, a copy of the foregoing Consent Motion was sent first class mail, postage prepaid, to:
Merrill Cohen, Esquire
Chapter 7 Trustee
Cohen Baldinger & Greenfeld LLC
Avedon Contracting, Inc.
c/o Resident Agent
Ira C. Wolpert
Gerald Vetter, Esquire
Assistant U.S. Trustee