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IN RE FAGNANI, 10-38708-WIL (2011)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20111020942 Visitors: 5
Filed: Oct. 20, 2011
Latest Update: Oct. 20, 2011
Summary: 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 Defendant
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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 Defendant filed a voluntary petition for relief under Chapter 13 of Title 11 of the United States Code (the "Bankruptcy Code"); and

WHEREAS, prior to the Petition Date, on or about May 28, 2009, the Trusts obtained a judgment against the Defendant (the "Judgment") in the Circuit Court for Prince George's County, which, as of the Petition Date totaled $24,160.12, plus accruing interest (the "Judgment Debt");

WHEREAS, after the Petition Date, on June 3, 2011, the Trusts filed a Complaint to Determine Dischargeability of Debt (the "Complaint") and alleged that the Judgment Debt owed by the Defendant to the Trusts is nondischargeable under § 523(a); and

WHEREAS, the Defendant filed an answer to the Complaint denying, in part, the allegations of the Trusts' Complaint and asserting affirmative defenses; and

WHEREAS, the United States Bankruptcy Court found at a hearing on August 17, 2011 that because the Defendant failed to include the Trusts as a creditor in two of the Defendant's prior bankruptcy cases, i.e., Bankruptcy Case No. 05-36469 filed October 12, 2005 and Bankruptcy Case No. 08-19427 filed July 22, 2008, that the Judgment Debt should not be discharged in this case; and

WHEREAS, the Trusts and Defendant wish to resolve all matters and issues regarding the Complaint;

NOW, THEREFORE, for good and valuable consideration, the Trusts and Defendant agree and it is hereby

ORDERED, that the Judgment Debt owed by Defendant to the Trusts in the amount of $24,160.12 pursuant to the Judgment is hereby declared nondischargeable pursuant to § 523(a)(2)(B), (3)(A) and (6); and it is further

ORDERED, that the co-debtor stay under § 1301(a) is not applicable as to the Trusts and the Judgment Debt such that the Trusts may exercise any of their rights to collect the Judgment Debt from any other individual who may be liable for the Judgment Debt; and it is further

ORDERED, that the Judgment Debt cannot be discharged in any subsequent bankruptcy case of the Defendant, or in a case commenced as a result of the conversion of the instant bankruptcy to a case under a different chapter of the Bankruptcy Code; and it is further

ORDERED, that this Consent Order and its terms shall be binding upon any trustee or receiver appointed in this case or any other case under the Bankruptcy Code; and it is further

ORDERED, that the Trusts are permitted to immediately take all action necessary to file, record, enroll and index this Consent Order with the appropriate state circuit court; and it is further

ORDERED, that the above-captioned adversary proceeding is dismissed.

SO ORDERED.

Source:  Leagle

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