CONSENT ORDER AND STIPULATION MODIFYING THE AUTOMATIC STAY THOMAS J. CATLIOTA, Bankruptcy Judge. Upon consideration of die foregoing Motion for Relief from the Automatic Stay filed by Council for Westphalia Woods (the "Association"), as to certain real property located 3309 Chester Grove Road, Unit B, Upper Marlboro Maryland 20774 ("Property"); and It appearing that the parties consent to the entry of this Order, and it is hereby ORDERED, that the automatic stay of 11 U.S.C. 362(a) is...
STIPULATION AND CONSENT ORDER EXTENDING DEADLINEFOR U.S. TRUSTEE AND CHAPTER 7 TRUSTEE TO OBJECT TO DEBTORS'MOTION FOR STAY PENDING APPEAL (Doc. 132) ROBERT A. GORDON, Bankruptcy Judge. IT IS HEREBY STIPLUATED AND AGREED , by and among the undersigned counsel to the parties hereto, that the time within which the U.S. Trustee and Chapter 7 Trustee Lori Simpson may file objections to the Debtors' Motion for Stay Pending Appeal (Doc. 132) be and hereby is extended to and through February 11,...
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO FINANCIAL MARYLAND, INC. ROBERT A. GORDON, Bankruptcy Judge. Willa Mae Hill, the debtor herein, by and through her attorney, Adam M. Freiman, 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 enforce its security...
STIPULATION AND CONSENT ORDER AVOIDING PREFERENTIAL TRANSFER DUNCAN W. KEIR, Bankruptcy Judge. WHEREAS, Lori Simpson, Chapter 7 Trustee (the " Trustee ") has filed a Complaint to Avoid Preferential Transfer (the " Complaint ") against Branch Banking and Trust Company (" BB&T ") seeking to avoid, pursuant to 11 U.S.C. 547(b), a judgment lien on Joan Leslie Baysinger's interest in the real property known as 6371 Oxbridge Drive, Salisbury, Maryland 21801 (the " Property "); WHEREAS, the...
STIPULATION AND CONSENT ORDER AUTHORIZING THIRD EXTENSION OF EXCLUSIVE PERIODS TO FILE PLAN OF REORGANIZATION AND OBTAIN ACCEPTANCES THERETO BY 60 DAYS WENDELIN I. LIPP, Bankruptcy Judge. WHEREAS, on August 22, 2012, D.C. Development, LLC, Recreational Industries, Inc., Wisp Resort Development, Inc., and The Clubs at Wisp, LLC, the jointly administered debtors and debtors in possession (collectively, the "Debtors") filed their Motion for Fourth Extension of Exclusive Periods to File Plan of...
JOINT STIPULATION WITHDRAWING PROOF OF CLAIM OF THYSSENKRUPP ELEVATOR CORPORATION PAUL MANNES, Bankruptcy Judge. THIS MATTER IS BEFORE THE COURT on Proof of Claim #32 (the "Proof of Claim") filed herein by ThyssenKrupp Elevator Corporation ("ThyssenKrupp"), and IT APPEARING that ThyssenKrupp has agreed to withdraw the Proof of Claim, and IT FURTHER APPEARING that this withdrawal is done with the consent of Roger Schlossberg, Chapter 7 Trustee ("Trustee") for Solomons Home and Marina, LLC ("...
STIPULATION AND CONSENT ORDER EXTENDING TIME IN WHICH TO FILE OPPOSITION TO MOTION FOR ORDER GRANTING ABSTENTION ROBER A. GORDON, Bankruptcy Judge. Nautica Lakes, Inc. (the "Debtor"), and D.S.C. of Newark Enterprises, Inc. ("DSC"), by their undersigned attorneys, stipulate that the Debtor shall have through and including November 12, 2012, to file an opposition or other response to D.S.C. of Newark Enterprises, Inc.'s Motion For Order Granting Abstention (the "Motion"). SO ORDERED.
STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER WENDELIN I. LIPP, Bankruptcy Judge. Recreational Industries, Inc. (the "Plaintiff") and Branch Banking and Trust Company (the "Defendant"), by their respective counsel, file this Stipulation and Consent Order Modifying Scheduling Order as follows: WHEREAS, on March 2, 2012 and July 20, 2012, the Court entered a Scheduling Order in the above-referenced adversary proceeding; WHEREAS, on September 20, 2012, the Court entered the Consent...
STIPULATION AND CONSENT ORDER RESOLVING DEBTORS' OBJECTION TO CERTAIN CLAIMS FILED BY THE PENNSYLVANIA DEPARTMENT OF REVENUE (Claim Nos. 2521, 2522, 3058 & 3160) JAMES F. SCHNEIDER, Bankruptcy Judge. Railworks Corporation, et al., the above-captioned reorganized debtors (collectively, the "Debtors"), and the Pennsylvania Department of Revenue (the "PDR") hereby stipulate and agree as follows: WHEREAS, on September 20, 2001 (the "Petition Date"), Railworks Corporation ("Railworks") and...
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 17, 2012) 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 DIRECTING DISGORGEMENT OF FEES; AND PROVIDING FOR ADDITIONAL RELIEF DAVID E. RICE, Bankruptcy Judge. WHEREAS, on February 22, 2012, Michele L. Payer ("Ms. Payer") was disbarred; WHEREAS, prior thereto Ms. Payer practiced bankruptcy law in this Court; WHEREAS, on or about the date of her disbarment, Ms. Payer was counsel of record in forty-eight open Chapter 13 bankruptcy cases (the "Open Cases"); 1 WHEREAS, in the vast majority of the Open Cases Ms....
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. Before the Court is the motion for summary judgment (the "Motion") (Docket No. 38) filed by counter-defendants Maria Jill Green (the "Debtor") and Nancy Spencer Grigsby, chapter 13 trustee (the "Trustee" and together with the Debtor, the "Plaintiffs"). The counter-plaintiff/cross-claimant Chase Home Finance LLC, Servicer for Government National Mortgage Association ("Chase") filed an opposition and cross-motion for summary judgment...
STIPULATION AND CONSENT ORDER RESETTING DEADLINE FOR THE FILING OF OBJECTIONS TO CHAPTER 11 TRUSTEE'S MOTION PURSUANT TO SECTION 506(c) DUNCAN W. KIER, Bankruptcy Judge. WHEREAS, on May 9, 2012, the Court held a status conference (the " Status Conference ") in Credit Suisse Securities (USA) LLC, as Collateral Agent v. TMST, Inc., et al., AP No. 09-00574 (DWK) (Bankr. D. Md. Aug. 28, 2009) (the " Adversary Proceeding "); WHEREAS, at the Status Conference, the parties agreed that Joel I....
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING MOTION [dkt. 5] FOR ABSTENTION AND FOR REMAND NANCY V. ALQUIST, Bankruptcy Judge. This Memorandum addresses whether this Court should return to Maryland state court, a case which was removed to federal court under 28 U.S.C. 1452. The Court concludes that it should. This case originated as a civil action demanding $600 million in damages filed in the Maryland Circuit Court for Baltimore City (Case No. 24C 11-001014). The action was removed to...
STIPULATION AND CONSENT ORDER REGARDING 2004 EXAMINATION OF DACKMAN & HEYMAN, LLP NANCY V. ALQUIST, Bankruptcy Judge. Charles R. Goldstein, Chapter 7 Trustee (the "Trustee") for K Capital Corporation ("K Capital"), and Dackman & Heyman LLP ("D&H" and collectively with the Trustee, the "Parties"), hereby file this Stipulation and Consent Order Regarding 2004 Examination of Dackman & Heyman, LLP, and state as follows: 1. On or about May 31, 2012, the Trustee filed a Motion for Rule 2004...
THIRD STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO MOTION FOR FOURTH EXTENSION OF EXCLUSIVE PERIODS TO FILE PLAN OF REORGANIZATION AND OBTAIN ACCEPTANCES THERETO BY 60 DAYS WENDELIN I. LIPP, Bankruptcy Judge. IT IS HEREBY STIPULATED, AGREED AND ORDERED that First United Bank and Trust shall have through and including September 21, 2012 to file its response to the Motion for Fourth Extension of Exclusive Periods to File Plan of Reorganization and Obtain Acceptances Thereto by...
STIPULATION AND CONSENT ORDER RESOLVING EMERGENCY MOTION TO COMPEL DEBTOR TO (1) SELL AND TRANSFER MALL PROPERTY PURSUANT TO CONFIRMED CHAPTER 11 PLAN, AND (2) DISTRIBUTE FUNDS PURSUANT TO CASH COLLATERAL AGREEMENT THOMAS J. CATLIOTA, Bankruptcy Judge. La Union Center, LLC ("La Union Center") and Marc Albert, the Disbursing Agent for the estate of the Jin Suk Kim Trust (the "Disbursing Agent"), collectively the "Parties"), by their undersigned counsel, hereby stipulate and agree as follows:...
SECOND STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO MOTION FOR FOURTH EXTENSION OF EXCLUSIVE PERIODS TO FILE PLAN OF REORGANIZATION AND OBTAIN ACCEPTANCES THERETO BY 60 DAYS WENDELIN I. LIPP, Bankruptcy Judge. IT IS HEREBY STIPULATED, AGREED AND ORDERED that First United Bank and Trust shall have through and including September 17, 2012 to file its response to the Motion for Fourth Extension of Exclusive Periods to File Plan of Reorganization and Obtain Acceptances Thereto by...
STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO MOTION FOR FOURTH EXTENSION OF EXCLUSIVE PERIODS TO FILE PLAN OF REORGANIZATION AND OBTAIN ACCEPTANCES THERETO BY 60 DAYS WENDELIN I. LIPP, Bankruptcy Judge. IT IS HEREBY STIPULATED, AGREED AND ORDERED that First United Bank and Trust shall have through and including September 11, 2012 to file its response to the Motion for Fourth Extension of Exclusive Periods to File Plan of Reorganization and Obtain Acceptances Thereto by 60 Days...
STIPULATION AND CONSENT ORDER EXTENDING TIME TO RESPOND TO MOTION OF RECREATIONAL INDUSTRIES, INC. FOR APPROVAL OF ORDER AUTHORIZING CONTINUE USE OF CASH COLLATERAL FOR THE PERIOD SEPTEMBER 17, 2012 THROUGH NOVEMBER 18, 2012 WENDELIN I. LIPP, Bankruptcy Judge. IT IS HEREBY STIPULATED, AGREED AND ORDERED that First United Bank and Trust shall have through and including September 11, 2012 to file its response to the Motion of Recreational Industries, Inc. for Approval of Order Authorizing...
