STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER WENDELIN I. LIPP, Bankruptcy Judge WHEREAS, Cresta Miller and PAC Services, LLC (collectively" Creditors") and Wade Stout Williams and PAC Outsourcing, LLC ("Debtors") (collectively the "Parties"), have determined that discovery in connection with the Debtors' Disclosure Statement in Connection with Debtors' Amended Joint Plan of Reorganization, filed on October 18, 2010, [Dkt. #190] and Debtors' Amended Joint Plan of Reorganization, filed on...
STIPULATION AND CONSENT ORDER RE SECOND EXTENSION OF TIME FOR UST TO FILE OBJECTION TO APPLICATION FILED BY ELLIN & TUCKER CHARTERED THOMAS J. CATLIOTA, Bankruptcy Judge Ellin & Tucker, Chartered (hereafter "E&T"), and the United States Trustee for Region 4, by and through their respective undersigned counsel, have agreed to extend further the time upon which the United States Trustee can file his objection to the Application for Allowance of Interim Compensation and Reimbursement of...
STIPULATED CONSENT ORDER OF DISMISSAL WITH PREJUDICE AS TO ADVERSARY PROCEEDING FILED BY BRIAN MIDDOUGH ROBERT A. GORDON, Bankruptcy Judge Brian Middough (the "Plaintiff) and Suzanne Brown (the "Defendant"), the parties through their respect counsel, Louise M. Carwell, Kay Harding, and the Legal Aid Bureau for Plaintiff, and Gerald Danoff for the Plaintiff, hereby stipulate to the dismissal with prejudice of the above reference adversary proceeding and agree as follows: 1. Plaintiff filed...
STIPULATION TO EXTEND TIME TO RESPOND MOTION TO DISMISS JOHN Y. LEE, Bankruptcy Judge Third-Party Plaintiff, First Residential Mortgage Services, Corporation ("First Residential") and Third-Party Defendant, First American Title Insurance Company ("FATIC"), by and through their respective undersigned attorneys, stipulate and agree that the time for First Residential to respond to FATIC's Motion to Dismiss Third-Party Complaint (Docket No. 58) in the above-referenced matter be extended until...
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY WENDELIN I. LIPP, Bankruptcy Judge The Movant, OneWest Bank, FSB, by its attorney, Deborah K. Curran, Esq., and the Debtor, Tracey M. Clemons and the Non-Filing Co-Debtors, James Clemons by his/her attorney, Barry M. Tapp, do hereby consent to the following: 1. The Debtor shall cure the post-petition arrears due of $9,034.22, which includes payments in the amount of $2,675.55 and late charges in the amount of $108.11 for the months of...
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO FINANCIAL MARYLAND, INC. THOMAS J. CATLIOTA, Bankruptcy Judge Jacqueline Buck and Jamie Buck, the debtors herein, by and through their attorney, Charles L. Wardell, and Wells Fargo Financial Maryland, Inc. ("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...
STIPULATION AND CONSENT ORDER AUTHORIZING DEBTOR'S USE OF CASH COLLATERAL THOMAS J. CATLIOTA, Bankruptcy Judge Westbury Owner, LLC (the "Debtor") and CW Capital Asset Management LLC, as Special Servicer for U.S. Bank, N.A., Successor to Wells Fargo Bank, N.A., as Trustee for the Registered Holders of CD 2007-CD4 Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series CD 2007-CD4 (the "Secured Creditor") by their undersigned counsel, hereby STIPULATE AND AGREE as...
STIPULATION AND ORDER EXTENDING TIME TO OPPOSE OR OTHERWISE RESPOND TO THE LIQUIDATING COMMITTEE'S OBJECTION TO CLAIM NO. 91-1 OF COSI CENTRAL WAYNE, INC. JAMES F. SCHNEIDER, Bankruptcy Judge COSI Central Wayne, Inc. ("COSI") and the Liquidating Committee designated by the Official Committee of Unsecured Creditors in the above-captioned case ("Liquidating Committee" and, together with COSI, the "Parties"), by their undersigned attorneys, represent and agree as follows: WHEREAS , COSI and...
STIPULATION AND ORDER EXTENDING TIME TO OPPOSE OR OTHERWISE RESPOND TO THE LIQUIDATING COMMITTEE'S OBJECTION TO CLAIM NO. 91-1 OF COSI CENTRAL WAYNE, INC. JAMES F. SCHNEIDER, Bankruptcy Judge COSI Central Wayne, Inc. ("COSI") and the Liquidating Committee designated by the Official Committee of Unsecured Creditors in the above-captioned case ("Liquidating Committee" and, together with COSI, the "Parties"), by their undersigned attorneys, represent and agree as follows: WHEREAS , COSI and...
STIPULATION AND CONSENT ORDER EXTENDING DEADLINE TO FILE DISPOSITIVE MOTIONS THOMAS J. CATLIOTA, Bankruptcy Judge A. On May 21, 2010 (the "Petition Date"), the Debtor filed a voluntary petition for relief under chapter 11 of the United States Bankruptcy Code (the "Bankruptcy Code"). B. On the Petition Date, the Debtor filed a Complaint to Avoid Preferential Transfers and Fraudulent Conveyances, to Recover Property and for Related Relief pursuant to 11 U.S.C. 544, 547, 548 and 550 (the...
STIPULATION AND CONSENT ORDER TO EXTEND DATE FOR CLOSING ON SALE OF PURCHASED PROPERTIES DUNCAN W. KEIR, Bankruptcy Judge Stipulations WHEREAS, on September 1, 2010, the above-captioned debtor and debtor in possession (the " Debtor ") filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code thereby commencing the above-captioned bankruptcy case; WHEREAS, by motion dated October 11, 2010 [Docket No. 25], the Debtor requested entry of an order authorizing...
STIPULATION CONTINUING HEARING ON DEBTORS' MOTION TO COMPEL TURNOVER AND DCFS MOTION FOR RELIEF FROM AUTOMATIC STAY NANCY V. ALQUIST, Bankruptcy Judge. F.T. Silfies, Inc. and Price Trucking, Inc., the debtors and debtors in possession in the above-captioned proceeding (the "Debtors") together with Chrysler Financial Services, LLC ("CFS") and DCFS USA LLC, as assignee/successor in interest to DaimlerChrysler Financial Services Americas LLC ("DCFS" and together with the Debtors and CFS,...
STIPULATION AND CONSENT ORDER RE EXTENSION OF TIME FOR UST TO FILE OBJECTION TO APPLICATION FILED BY ELLIN & TUCKER CHARTERED THOMAS J. CATLIOTA, Bankruptcy Judge Ellin & Tucker, Chartered (hereafter "E&T"), 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 objection to the Application for Allowance of Interim Compensation and Reimbursement of Expenses Incurred...
THIRD STIPULATION AND CONSENT ORDER EXTENDING TIME FOR DEBTOR TO RESPOND TO MOTION TO CONVERT TO CHAPTER 7 OR DISMISS JAMES F. SCHNEIDER, Bankruptcy Judge. Wincopia Farms, LP ("Wincopia"), Debtor and the U.S. Trustee for the District of Maryland, Baltimore Division (the "U.S. Trustee"), by their respective attorneys hereby further stipulate and agree as follows: 1. On September 2, 2010, the U.S. Trustee filed a Motion to Convert to Chapter 7 or Dismiss (the "Motion"). 2. The Motion is...
STIPULATION AND ORDER EXTENDING TIME TO OPPOSE OR OTHERWISE RESPOND TO THE LIQUIDATING COMMITTEE'S OBJECTION TO CLAIM NO. 91-1 OF COSI CENTRAL WAYNE, INC. JAMES F. SCHNEIDER, Bankruptcy Judge COSI Central Wayne, Inc. ("COSI") and the Liquidating Committee designated by the Official Committee of Unsecured Creditors in the above-captioned case ("Liquidating Committee"), by their undersigned attorneys, represent and agree as follows: WHEREAS , COSI and the Debtor, Central Wayne Energy Limited...
DUNCAN W. KEIR, Judge. 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. ORDERED that the Automatic Stay be, and it is, hereby terminated, pursuant to 11 U.S.C. 362(d), to permit Movant, its assigns and/or successors, to...
CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY THOMAS J. CATLIOTA, Judge. 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. 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...
MEMORANDUM OF DECISION DUNCAN W. KEIR, Bankruptcy Judge. Before the court is the adversary proceeding by the plaintiff Chapter 7 Trustee (the "Trustee") against the two entities, Citi Mortgage, Inc. ("CitiMortgage") and Citi Bank, NA ("CitiBank") holding secured claims against the proceeds of the sale of Debtors' residential property (the "Property"). The Trustee's Amended Complaint seeks avoidance of CitiMortgage's lien in the Property and a determination of CitiBank's lien priority. The...
MEMORANDUM OPINION THOMAS J. CATLIOTA, Bankruptcy Judge. In this adversary proceeding, plaintiff Kevin K. Newcomer ("Plaintiff"), a former chapter 13 debtor, seeks damages against Litton Loan Servicing, LP ("Defendant"), alleging violations of the confirmed plan and various Bankruptcy Code provisions. Specifically, Plaintiff asserts that Defendant, which services a loan secured by a deed of trust on Plaintiff's residence, violated the automatic stay of the Bankruptcy Code as well as the...
MEMORANDUM OF DECISION PAUL MANNES, Bankruptcy Judge. Before the court are the First Interim Applications for Compensation filed by the law firm of Zuckerman Spaeder LLP ("Zuckerman"), Counsel to Cloverleaf Enterprises, Inc. ("Debtor" or "CEI"), and by the law firm of Meyers, Rodbell & Rosenbaum, P.A., Special Counsel to the Debtor ("Special Counsel"). Zuckerman seeks interim compensation in the amount of $725,222.95 and reimbursement of expenses in the amount of $31,471.70. Special Counsel...
