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IN RE STOTT, 12-00427. (2012)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20120730378 Visitors: 9
Filed: Jul. 30, 2012
Latest Update: Jul. 30, 2012
Summary: CONSENT ORDER AND STIPULATION RESOLVING THE ADVERSARY PROCEEDING PAUL MANNES, Bankruptcy Judge. Upon consideration of the foregoing Complaint, initiating this Adversary Proceeding, filed by Deborah L. Stott (the "Debtor"), as to determine the validity of the proof of claim filed by Kingsview Village Homeowners Association ("the Association") (Adv. Proc. Docket No. 1); and It appearing that the parties consent to the entry of this Order resolving this Adversary Proceeding; and it is hereby O
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CONSENT ORDER AND STIPULATION RESOLVING THE ADVERSARY PROCEEDING

PAUL MANNES, Bankruptcy Judge.

Upon consideration of the foregoing Complaint, initiating this Adversary Proceeding, filed by Deborah L. Stott (the "Debtor"), as to determine the validity of the proof of claim filed by Kingsview Village Homeowners Association ("the Association") (Adv. Proc. Docket No. 1); and

It appearing that the parties consent to the entry of this Order resolving this Adversary Proceeding; and it is hereby

ORDERED, that the Association shall voluntarily reduce its pre-petition secured claim to Twelve Thousand Seventy-Six dollars and Seven cents ($12,076.07), which includes pre-petition assessment fees of $9,803.08, and pre-petition legal fees of $2,272.99; and it is

FURTHER ORDERED, that the Debtor will be responsible for continuing to make her regular post-petition assessment payments in a timely manner; and it is

FURTHER ORDERED, that should the Debtor fail to make any of her post-petition payments when they become due, the Association, by its counsel, shall mail by 1st Class Mail, notice of the default to counsel of the Debtor. The Debtor shall then have ten (10) days from the date of transmission of the notice, in order to cure the default, by receipt of payment of certified funds to the Association's attorney, within the ten (10) day period; and it is

FURTHER ORDERED, that the Debtor's right to cure a default shall be limited to two (2) such opportunity and that upon the filing of a third default, under the terms of the order, there shall be no further opportunity to cure and the Association may proceed to enforce its rights; and it is

FURTHER ORDERED, that the Debtor will not be liable for any other pre-petition arrearages, including late fees, administrative fees and fines, and any other legal fees beyond the $12,076.07, named in this agreement; and it is

FURTHER ORDERED, that if the Debtor's case is converted to one under a Chapter 7, or dismissed, the Debtor will become liable for the full amount owed to the Association, which is evidenced by the Association's Amended Proof of Claim (Proof of Claim No. 2); and it is

FURTHER ORDERED AND AGREED, that should the instant case be converted for any reason to a case under any other chapter of the bankruptcy code, or dismissed or discharged, the Association may immediately be free to exercise all rights provided by the security instrument as the forbearance provisions of this Order shall terminate upon conversion, dismissal or discharge.

Source:  Leagle

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