Opinion
Case No.: 11-21386-WIL
04-16-2012
In re: Edward G. Russell, Sr. Shelly R. Russell. Debtors. WELLS FARGO BANK, NA, its assignees and/or successors in interest, Movant v. Edward G. Russell, Shelly R. Russell, Debtors, and Timothy P. Branigan, Esquire Chapter 13 Trustee Respondent(s).
Randa S. Azzam, Attorney for Movant Bar No. 22474 Samuel I. White, P.C. Dianne Curry Moseley, Attorney for Debtors Bar No. Diann Curry Moseley, Esquire Counsel for Debtors Timothy P. Branigan, Esquire Chapter 13 Trustee Wells Fargo Bank, NA Movant Bankruptcy Payment Processing Randa S. Azzam Counsel for Movant
SO ORDERED
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U. S. BANKRUPTCY JUDGE
Chapter 13
STIPULATION OF SETTLEMENT
Whereas, the Movant filed a Motion for Relief from Automatic Stay on July 29, 2011, and,
Whereas, the Court entered a Consent Order Conditioning the Stay on September 2, 2011, and,
Whereas, the Debtors defaulted under the terms of said consent order, and the Movant mailed a ten day letter of default on March 23, 2012 requiring the debtors to cure the default in the amount of $4,863.88 good through March 2012, and,
Whereas, the Parties have agreed to settle this matter as outlined below, and, Whereas, the parties hereby agree that the sum of $5,646.60 in post-petition arrears.is presently due and owing through May 31, 2012. The Debtors shall cure the arrears as follows:
1. The Debtors shall tender a lump sum payment in the amount of $2298.64 on or before April 27, 2012.
2. The Debtors shall tender a lump sum payment in the amount of $3347.96 on or before May 31, 2012.
The payment tendered on or before April 27, 2012 will cover January 2012 and February 2012 regular post-petition payments. The payment tendered on or before May 31, 2012 would cover March 2012, April 2012 and May 2012 regular post-petition payments. The total amount the Debtors should tender by June 2012 is $5,646.60 as set forth above.
The Debtors shall resume making regular post-petition payments pursuant to the terms of the Deed of Trust and Note commencing with the payment due June 1, 2012 and continuing on the first day of the month until the loan is paid in full.
Should the Debtors fail to tender any of the amounts listed above listed in paragraphs 1, and 2, and should the Debtors fail to resume making regular payments commencing June 1, 2012, the Lender shall be free to immediately enforce the provisions of the deed of trust and note with respect to the property located at 10702 Castleton Turn, Upper Marlboro, MD 20774 in accordance with the Consent Order entered by this Court on September 2, 2011 and without further hearing or further order of this Court.
Approved as to form and content:
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Randa S. Azzam, Attorney for Movant
Bar No. 22474
Samuel I. White, P.C.
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Dianne Curry Moseley, Attorney for Debtors
Bar No.
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.
Randa S. Azzam
Edward G. Russell, Sr. Debtors
Shelly R. Russell
10702 Castleton Turn
Upper Marlboro, MD 20774
Diann Curry Moseley, Esquire
Counsel for Debtors
Timothy P. Branigan, Esquire Chapter 13 Trustee
Wells Fargo Bank, NA Movant
Bankruptcy Payment Processing
Randa S. Azzam Counsel for Movant