Opinion
Case No: 12-10572 Adv. Proc. No. 12-00427
2012-07-27
In re: DEBORAH L. STOTT, Debtor. DEBORAH L. STOTT, Movant, v. KINGSVIEW VILLAGE HOMEOWNERS ASSOCIATION, Respondent.
John E. Tsikerdanos Lerch, Early and Brewer, Chartered Attorney for Kingsview Village Homeowners Association Timothy Branigan Victoria King Taitano Legal Aid Bureau Attorney for the Debtor
SO ORDERED
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U. S. BANKRUPTCY JUDGE
(Chapter 13)
CONSENT ORDER AND STIPULATION RESOLVING THE ADVERSARY
PROCEEDING
Upon consideration of the foregoing Complaint, initiating this Adversary Proceeding, filed by Deborah L. Stott (the "Debtor"), as to determine the validity of the proof of claim filed by Kingsview Village Homeowners Association ("the Association") (Adv. Proc. Docket No. 1); and
It appearing that the parties consent to the entry of this Order resolving this Adversary Proceeding; and it is hereby
ORDERED, that the Association shall voluntarily reduce its pre-petition secured claim to Twelve Thousand Seventy-Six dollars and Seven cents ($12,076.07), which includes pre-petition assessment fees of $9,803.08, and pre-petition legal fees of $2,272.99; and it is
FURTHER ORDERED, that the Debtor will be responsible for continuing to make her regular post-petition assessment payments in a timely manner; and it is
FURTHER ORDERED, that should the Debtor fail to make any of her post-petition payments when they become due, the Association, by its counsel, shall mail by 1st Class Mail, notice of the default to counsel of the Debtor. The Debtor shall then have ten (10) days from the date of transmission of the notice, in order to cure the default, by receipt of payment of certified funds to the Association's attorney, within the ten (10) day period; and it is
FUTHER ORDERED, that the Debtor's right to cure a default shall be limited to two (2) such opportunity and that upon the filing of a third default, under the terms of the order, there shall be no further opportunity to cure and the Association may proceed to enforce its rights; and it is
FURTHER ORDERED, that the Debtor will not be liable for any other pre-petition arrearages, including late fees, administrative fees and fines, and any other legal fees beyond the $12,076.07, named in this agreement; and it is
FURTHER ORDERED, that if the Debtor's case is converted to one under a Chapter 7, or dismissed, the Debtor will become liable for the full amount owed to the Association, which is evidenced by the Association's Amended Proof of Claim (Proof of Claim No. 2); and it is
FUTHER ORDERED AND AGREED, that should the instant case be converted for any reason to a case under any other chapter of the bankruptcy code, or dismissed or discharged, the Association may immediately be free to exercise all rights provided by the security instrument as the forbearance provisions of this Order shall terminate upon conversion, dismissal or discharge.
I ask for this:
______________________
Victoria King Taitano
Legal Aid Bureau
Counsel for the Debtor
Seen; Agreed:
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John E. Tsikerdanos
Lerch, Early & Brewer, Chtd.
Counsel for Kingsview Village Homeowners Association
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 the copy of the consent order submitted to the Court reference the signatures of consenting parties obtained on the original consent order.
______________________
Victoria King Taitano
Legal Aid Bureau
Counsel for the Debtor
COPIES TO: John E. Tsikerdanos
Lerch, Early and Brewer, Chartered
Attorney for Kingsview Village Homeowners Association
Timothy Branigan Victoria King Taitano
Legal Aid Bureau
Attorney for the Debtor