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IN RE DADE, 11-20119-PM. (2011)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20110715667 Visitors: 4
Filed: Jul. 15, 2011
Latest Update: Jul. 15, 2011
Summary: STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE PAUL MANNES, Bankruptcy Judge Lynnell W. Dade, Sr., the debtor herein, by and through his attorney, Edward C. Christman, Jr., 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) are hereby deemed lifted to permit Well
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STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE

PAUL MANNES, Bankruptcy Judge

Lynnell W. Dade, Sr., the debtor herein, by and through his attorney, Edward C. Christman, Jr., 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) are hereby deemed lifted to permit Wells Fargo to enforce its security interests to repossess and dispose of, if necessary, the debtor's 2002 Cadillac DeVille, S.N. 1G6KD54Y924183830 (the "subject vehicle").

2. The debtor has agreed to reaffirm his debt to Wells Fargo pursuant to 11 U.S.C. Section 524(c). Under the terms of the Reaffirmation Agreement which has been entered into by the debtor and Wells Fargo, the balance on the loan has been reduced from $7,451.70 to $5,725.00; the interest rate has been reduced from 19.75% to 8.00%; and the monthly payment has been reduced from $399.18 to $298.00 effective July 7, 2011.

3. Wells Fargo agrees not to enforce its rights under its security interest and agrees to stay execution of this order provided that the debtor does not rescind the Reaffirmation Agreement pursuant to 11 U.S.C. Section 524(c)(4) and that the Reaffirmation Agreement is approved by the Court.

4. In the event that the debtor rescinds the Reaffirmation Agreement or the Reaffirmation Agreement is not approved by the Court, Wells Fargo shall be entitled to repossess and dispose of, pursuant to applicable law, the subject vehicle, without further notice, hearing, or order of Court.

Source:  Leagle

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