STIPULATION AND CONSENT ORDER CONTINUING FINAL STIPULATION AND CONSENT ORDER GRANTING USE OF CASH COLLATERAL AND ADEQUATE PROTECTION AND APPROVING COMPROMISE DAVID E. RICE Bankruptcy Judge WHEREAS, on September 1, 2011, the Court entered the Final Stipulation and Consent Order Granting use of Cash Collateral of First Mariner Bank and Adequate Protection and Approving Compromise ("Cash Collateral Order") permitting the Debtor 1 , with the consent of First Mariner Bank ("First Mariner"), to...
STIPULATION AND ORDER EXTENDING RECEIVERSHIP ORDER AND TEMPORARILY SUSPENDING THE TURNOVER REQUIREMENTS OF SECTION 543 PAUL MANNES, Bankruptcy Judge. This Stipulation and Order is entered into by Stellar GT TIC LLC and VFF TIC LLC (collectively, the "Debtors") and Wells Fargo Bank, N.A., as Trustee for the registered holders of Deutsche Mortgage & Asset Receiving Corporation, COMM 2007-C9, Commercial Mortgage Pass-Through Certificates, U.S. Bank National Association, as Trustee, as successor...
STIPULATION RE EXTENSION OF TIME FOR U.S. TRUSTEE TO FILE OBJECTION, COMMENT OR OTHER RESPONSE TO JOINT DISCLOSURE STATEMENT AND JOINT PLAN OF LIQUIDATION THOMAS J. CATLIOTA, Bankruptcy Judge. KH Funding Company ("Debtor"), the Official Committee of Unsecured Creditors (the "Committee") and the United States Trustee for Region 4, by and through their respective undersigned counsel, have agreed to extend the time upon which the United States Trustee can file his objections, comments or other...
THIRD STIPULATION AND CONSENT ORDER EXTENDING DEADLINE FOR MANUFACTURERS AND TRADERS TRUST COMPANY TO FILE PROOF OF CLAIM IN DEBTOR'S BANKRUPTCY CASE PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 3002 NANCY V. ALQUIST, Bankruptcy Judge. This Third Stipulation and Consent Order is entered into by and between Charles R. Goldstein, as Chapter 7 Trustee (the "Trustee" ) of K Capital Corporation (the "Debtor" ), and Manufacturers and Traders Trust Company ( "M&T Bank" ), as assignee of...
CONFIDENTIALITY STIPULATION AND ORDER THOMAS J. CATLIOTA, Bankruptcy Judge. IT IS HEREBY STIPULATED AND AGREED by and between the parties to this stipulation, through their undersigned counsel, that: 1. Proceedings and Information Governed This Stipulation and any amendments or modifications hereto shall govern any documents, information or thing furnished by any party, including third parties, to any other party in connection with the discovery and pretrial phase of this action. This...
STIPULATION AND CONSENT ORDER TO DEBTOR'S MOTION TO REJECT LEASE ROBERT A. GORDON, Bankruptcy Judge. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties hereto, that Debtor Potomac Business Environments, LLC's ("Potomac's") motion filed on September 30, 2011 to reject the lease (the "Lease") with Merritt-060, LLC ("Merritt") for the real property located at 611 Hammonds Ferry Road, Suites L-N, Linthicum, Maryland 21090 be, and hereby is, GRANTED; and it is...
STIPULATION AND CONSENT ORDER RESOLVING COMPLAINT OF THE UNITED STATES TRUSTEE OBJECTING TO DISCHARGE OF DEBTOR DAVID E. RICE, Bankruptcy Judge. WHEREAS, on December 31, 2009, Georges Dherlin ("Debtor") filed a voluntary petition under Chapter 7 of the Bankruptcy Code; WHEREAS, on August 2, 2010, the United States Trustee filed a Complaint Objecting To Discharge Of Debtor (the "Complaint") objecting to the Debtor's discharge pursuant to 11 U.S.C. 727(a)(6); WHEREAS, Debtor contests...
STIPULATION AND CONSENT ORDER CONTINUING FINAL STIPULATION AND CONSENT ORDER GRANTING USE OF CASH COLLATERAL AND ADEQUATE PROTECTION AND APPROVING COMPROMISE DAVID E. RICE, Bankruptcy Judge. WHEREAS, on September 1, 2011, the Court entered the Final Stipulation and Consent Order Granting use of Cash Collateral of First Mariner Bank and Adequate Protection and Approving Compromise ("Cash Collateral Order") permitting the Debtor 1 , with the consent of First Mariner Bank ("First Mariner"), to...
ORDER AND JUDGMENT OF NONDISCHARGEABILITY NANCY V. ALQUIST, Bankruptcy Judge. The Court having considered the pleadings and the Stipulation for Judgment executed by the parties. Final judgment is hereby entered ordering the sum of $500.00 to be nondischargeable pursuant to 11 U.S.C. Section 523(a)(2) as against Defendants DAVID D GROVE and JO ANN GROVE and in favor of Discover Bank. The terms of the Stipulation for Judgment are incorporated herein. I HEREBY CERTIFY that the terms of the copy...
STIPULATION AND CONSENT ORDER EXTENDING DEADLINE FOR U.S. TRUSTEE TO OBJECT TO DEBTOR'S MOTION FOR ORDER APPROVING TEMPORARY MANAGEMENT AND SERVICES AGREEMENT BETWEEN DEBTOR AND ALL CLEAR BUSINESS SOLUTIONS, LLC (Doc 15) ROBERT A. GORDON. Bankruptcy Judge. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties hereto, that the time within which the U.S. Trustee may file objections to the Debtor's Motion For Order Approving Temporary Management And Services...
ORDER APPROVING STIPULATION TO JUDGMENT IN SETTLEMENT COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT ROBERT A. GORDON, Bankruptcy Judge. Upon consideration of the parties' Stipulation to Judgment in Settlement of Complaint to Determine Dischargeability of Debt (the "Stipulation") filed in the above-captioned adversary proceeding, it is hereby ORDERED that the Stipulation is APPROVED; and it is further ORDERED that the Office of the Clerk shall mark the matter CLOSED subject to the terms...
STIPULATION AND CONSENT ORDER REVISING SCHEDULE FOR RESPONSES REGARDING (i) DEFENDANTS' JOINT MOTION TO DISMISS FIRST AMENDED COMPLAINT AND (ii) DEFENDANTS' MOTION TO WITHDRAW THE REFERENCE DUNCAN W. KEIR, Bankruptcy Judge. WHEREAS, on April 30, 2011, Joel I. Sher, in his capacity as Chapter 11 Trustee for Debtors (the " Trustee "), filed a Complaint against the above-captioned defendants (the " Defendants "), which was subsequently amended by the filing of an Amended Complaint on June 8,...
STIPULATION AND CONSENT ORDER WAIVING DISCHARGE OF DEBTOR DUNCAN KEIR, Bankruptcy Judge. WHEREAS, on August 31,2010 (the "Debtor") filed a voluntary petition under Chapter 13 of the Bankruptcy Code. On motion by the U.S.Trustee and by Order entered September 22, 2011, Debtor's case was converted to one under Chapter 7 for cause. WHEREAS, the U.S.Trustee would bring an action under section 727 for denial of discharge, and even though Debtor would contest the allegation the U.S. Trustee...
STIPULATION AND ORDER EXTENDING RECEIVERSHIP ORDER AND TEMPORARILY SUSPENDING THE TURNOVER REQUIREMENTS OF SECTION 543 PAUL MANNES, Bankruptcy Judge. This Stipulation and Order is entered into by Stellar GT TIC LLC and VFF TIC LLC (collectively, the "Debtors") and Wells Fargo Bank, N.A., as Trustee for the registered holders of Deutsche Mortgage & Asset Receiving Corporation, CD 2007-CD5 Commercial Mortgage Pass-Through Certificates, and FCP Georgian Towers, LLC, acting by and through Helios...
STIPULATION AND CONSENT ORDER DECLARING DEBT TO BE NONDISCHARGEABLE AND DISMISSING ADVERSARY PROCEEDING WENDELIN I. LIPP, Bankruptcy Judge. The James R. Galvagna Revocable Living Trust, The William E. Pisciotta Revocable Living Trust, and The Elena S. Pisciotta Revocable Living Trust (collectively, the "Trusts") and Carole M. Fagnani ("Defendant"), by their respective undersigned counsel, hereby stipulate and agree as follows: WHEREAS, on December 22, 2010 (the "Petition Date") the...
STIPULATION OF DISMISSAL OF ADVERSARY PROCEEDING PAUL MANNES, Bankruptcy Judge. Plaintiff Jinky Beyer, by and through her attorney Robinson S. Rowe, and Defendant Comptroller of Maryland, by and through its attorney Kimberly Stephens, hereby stipulate to dismiss this proceeding with prejudice, each party to bear their own attorney fees and costs. SO ORDERED.
CONSENT ORDER AND STIPULATION RESOLVING ADVERSARY PROCEEDING JEANNE M. CROUSE. Plaintiff W. Clarkson McDow, Jr., the United States Trustee for Region 4, ("United States Trustee") by and through his undersigned counsel, and Defendant-attorney Henry St. John FitzGerald ("Defendant"), proceeding pro se at this time, as evidenced by the electronic signatures below, have agreed to resolve the issues raised in the adversary proceeding styled as United States Trustee v. FitzGerald (In re Mustafa)...
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE JAMES F. CHNEIDER, Bankruptcy Judge. Shirley R. Carrington and Pamela Rice, the respondents herein, by and through their attorney, Jeffrey M. Sirody, 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) and co-debtor...
STIPULATION AND CONSENT ORDER FURTHER EXTENDING INTERIM AGREEMENT FOR USE OF CASH COLLATERAL, AUTHORIZING DEBTOR TO USE CASH COLLATERAL, AND GRANTING ADEQUATE PROTECTION (THROUGH NOVEMBER 11. 2011) DAVID E. RICE, Bankruptcy Judge. This matter originally came before the Court on the Emergency Motion for Authority to Use Cash Collateral and Grant Adequate Protection Therefor (the "Motion")(dkt. 4) filed by Swami Shree, LLC (the " Debtor "), together with agreements of the Debtor, S4H...
STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER DUNCAN W. KEIR, Bankruptcy Judge. Plaintiff, Sean C. Logan (the "Trustee"), and Defendant Michael McLean (the "Debtor Defendant"), as well as Defendants Linda McLean, Allison Davis, Melissa Greenwell, J. Edward Martin, MacPack, LLC and MacPack of SC, LLC (the "Non-Debtor Defendants") (collectively, the "Defendants"), by and through their respective, undersigned counsel, hereby agree and stipulate as follows: WHEREAS, a Scheduling...
