Elawyers Elawyers
Washington| Change

IN THE MATTER OF SHOUSE, : 10-32420-DER. (2012)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20120207736 Visitors: 14
Filed: Feb. 07, 2012
Latest Update: Feb. 07, 2012
Summary: CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY DAVID E. RICE, Bankruptcy Judge. 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 successor
More

CONSENT ORDER AND STIPULATION MODIFYING AUTOMATIC STAY

DAVID E. RICE, Bankruptcy Judge.

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 commence foreclosure proceedings against the real property and improvement known as 1033 Michael Boulevard, Lawrenceburg, KY 40342 and that the successful purchasers shall take possession of the same; and be it further

ORDERED that the relief granted in the immediately proceeding paragraph be, and the same is hereby stayed, provided that the Debtor(s):

1. Resume(s) making regular monthly payments on February 1, 2012 of $308.05 or as adjusted for escrow changes and continue thereafter, as well as all other conditions and obligations under the terms of the Deed of Trust or Mortgage, and

2. Make(s) a payment of $326.37 for SIX (6) months beginning February 15, 2012 and continue through July 15, 2012. The total post-petition arrearage due from October, 2011 to January, 2012 is $1,958.20 which includes $550.00 bankruptcy legal fees and $176.00 bankruptcy costs.

Payments should be mailed to:

CitiMortgage, Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 750193931 Attn: Bankruptcy Department

Should the Debtor(s) fail to make any payment when due or should any payment be returned for insufficient funds, Movant shall file a Notice of Default with the Court. Said Notice shall provide copies to the Debtor(s) and Debtor(s)' attorney and allow the Debtor(s) ten (10) days from the date the Affidavit of Default is mailed to cure two (2) default(s) under this agreement. Any cure of an Affidavit of Default must be made in the form of a certified or cashier's check, or Western Union Quick Collect. No right shall be given to cure any ensuing default. In the event of a subsequent default and upon notice to Debtor(s), Debtor(s)' counsel and the Court the stay shall automatically terminate.

The fourteen (14) day stay of Bankruptcy Rule 4001(a)(3) is waived.

The parties agree that if the Debtor(s) converts this case to a Chapter 7, the Movant may immediately exercise all rights provided by the security instruments referenced in this Order and applicable state law.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer