Opinion
Case No.: 11-21299-WIL
08-29-2011
In re: DONJUAN MONROE SABRINA T. MONROE Debtors WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE Movant v. DONJUAN MONROE SABRINA T. MONROE Respondents
Alon J. Nager 7164 Columbia Gateway Drive Attorney for Debtors Merrill Cohen Attorney for Movant
SO ORDERED
U. S. BANKRUPTCY JUDGE
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY
FILED BY WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE
Donjuan Monroe and Sabrina T. Monroe, the debtors herein, by and through their attorney, Alon J. Nager, and Wells Fargo Bank, N.A. t/a Wells Fargo Auto Finance ("Wells Fargo"), by and through its attorney, Merrill Cohen, hereby stipulate and agree as follows:
1. The automatic stay provisions set forth in 11 U.S.C. 362(a) is hereby deemed lifted to permit Wells Fargo to enforce its security interests to repossess and dispose of, if necessary, the debtors' 2001 Mercedes S500, S.N. WDBNG75J81A211131 (the "subject vehicle").
2. Wells Fargo agrees not to enforce its rights under its security interest and agrees to stay execution of this order provided that the debtors shall pay to Wells Fargo, on or before September 4, 2011, the regular monthly payment in the amount of $1,054.65 and the debtors shall continue to make the regular monthly payments of $1,054.65 on the 4th day of each subsequent month until all post-petition payments on the subject vehicle are made. In addition, the debtors shall cure the post-petition arrears of $2,613.95 which arrears include the legal fees and costs incurred by Wells Fargo in the amount of $550.00 in connection with this Motion, in five (5) equal payments of $522.79 to be paid on: September 19, 2011; October 19, 2011; November 19, 2011; December 19, 2011; and January 19, 2012.
3. In the event that the debtors default in making any payments as set forth herein, or default in any other provision of their retail installment sales contract with Wells Fargo for the purchase of the subject vehicle, including, but not limited to, the provision requiring the debtors to maintain insurance on the vehicle naming Wells Fargo as loss payee, Wells Fargo shall provide to the debtors, and their counsel, written notice of breach of this stipulation. Such written notice shall specify the nature of the breach.
4. That ten (10) days following the mailing of such written notice to the debtors and their counsel that the debtors have defaulted under the terms of this Stipulation and Order, and unless such default has been cured by the debtors within such ten (10) day period, Wells Fargo shall be entitled to repossess and dispose of, pursuant to applicable law, the subject vehicle, without further notice, hearing, or order of Court.
5. In the event that the debtors default under the terms of this Stipulation and fail to cure such default pursuant to paragraph four (4) herein, the debtors agree to immediately return to Wells Fargo the subject vehicle.
CONSENTED AND AGREED TO:
Alon J. Nager
7164 Columbia Gateway Drive
Attorney for Debtors
Merrill Cohen
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 /s/ ____ on this copy reference the signatures of consenting parties on the original consent order.
Merrill Cohen
copies to:
Merrill Cohen
7910 Woodmont Avenue
Suite 1103
Bethesda, Maryland 20814
Donjuan Monroe
Sabrina T. Monroe
8401 Deegan Court
Clinton, MD 20735
Alon Nager, Esq.
7164 Columbia Gateway Drive, Suite 205
Columbia, MD 21046
Timothy P. Branigan, Trustee
PO Box 1902
Laurel, MD 20725
END OF ORDER