Opinion
Case No.: 10-35498-PM
2012-01-06
IN THE MATTER OF: Cathianna W. Pfrang, a/k/a Cathianna Walker Pfrang DEBTOR(S) Capital One, N.A. MOVANT v. Cathianna W. Pfrang, a/k/a Cathianna Walker Pfrang Louis T. Pfrang, non filing codebtor RESPONDENT(S)
Timothy J. Sessing, Esquire Attorney for Debtor Richard J. Rogers, Esquire Cohn, Goldberg & Deutsch, LLC Attorney for Movant Richard J. Rogers, Esquire Cohn, Goldberg & Deutsch, LLC Attorney for Movant
SO ORDERED
____________
U. S. BANKRUPTCY JUDGE
Chapter 13
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
TO THE HONORABLE, THE JUDGE OF SAID COURT:
Upon consideration of the foregoing Motion Seeking Relief from Automatic Stay, the parties having reached an agreement, and good cause having been shown, by the United States Bankruptcy Court for the District of Maryland, it is
ORDERED that the Automatic Stay be, and it is, hereby terminated, by default as to the Co-Debtor, and by Consent as to the Debtor, pursuant to 11 U.S.C. 362(d), to permit Movant, its assigns and/or successors, to commence foreclosure proceedings in the Circuit Court for Frederick County, Maryland against the real property and improvement known as 5587 Rivendell Place, Frederick, MD 21703 and that the successful purchasers may take possession of the same in accordance with applicable state law; and be it further
ORDERED that the relief granted in the immediately proceeding paragraph be, and the same is hereby stayed, provided that the Debtor(s):
1. Resume(s) making regular monthly payments on January 1, 2012 of $786.86 or as adjusted for escrow changes and continue thereafter, as well as all other conditions and obligations under the terms of the Deed of Trust or Mortgage, and
2. Make(s) a payment of $680.50 for SIX (6) months beginning January 15, 2012 and continue through June 15, 2012. The total post-petition arrearage due from September, 2011 to December, 2011 is $4,082.96 which includes $650.00 bankruptcy legal fees, $176.00 legal costs and $109.52 late charges.
Payments should be mailed to:
Capital One, NA as a successor in interest to Chevy Chase Bank, FSB
3901 N. Dallas Pkwy, 1st Fl.
Plano, TX 75093
Attn: Bankruptcy Department
Should the Debtor(s) fail to make any payment when due or should any payment be returned for insufficient funds, Movant shall file a Notice of Default with the Court. Said Notice shall provide copies to the Debtor(s) and Debtor(s)' attorney and allow the Debtor(s) ten (10) days from the date the Affidavit of Default is mailed to cure two (2) default(s) under this agreement. Any cure of an Affidavit of Default must be made in the form of a certified or cashier's check, or Western Union Quick Collect. No right shall be given to cure any ensuing default. In the event of a subsequent default and upon notice to Debtor(s), Debtor(s)' counsel and the Court the stay shall automatically terminate.
The fourteen (14) day stay of Bankruptcy Rule 4001(a)(3) is waived.
The parties agree that if the Debtor(s) converts this case to a Chapter 7, the Movant may immediately exercise all rights provided by the security instruments referenced in this Order and applicable state law as to the Debtor's interest.
____________
Timothy J. Sessing, Esquire
Attorney for Debtor
____________
Richard J. Rogers, Esquire
Cohn, Goldberg & Deutsch, LLC
Attorney for Movant
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 /s/____________ on this copy reference the signatures of consenting parties on the original consent order.
____________
Richard J. Rogers, Esquire
Cohn, Goldberg & Deutsch, LLC
Attorney for Movant
Copies to:
Cathianna W. Pfrang
a/k/a Cathianna Walker Pfrang
5587 Rivendell Place
Frederick, MD 21703
Louis T. Pfrang
5587 Rivendell Place
Frederick, MD 21703
and respondent(s)' counsel:
Timothy J. Sessing, Esquire
P.O. Box 10577
Rockville, MD 20849
Nancy (Gblt) Spencer Grigsby, Trustee
4201 Mitchellville Rd Ste 401
Bowie, MD 20716
Cohn, Goldberg & Deutsch, LLC
600 Baltimore Avenue, Suite 208
Towson, MD 21204