Filed: Sep. 25, 2012
Latest Update: Sep. 25, 2012
Summary: 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 Examin
Summary: 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 Examina..
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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 Examination of D&H. On or about June 18, 2012, the Court granted the Motion for Rule 2004 Examination of D&H.
2. On or about July 3, 2012, the Trustee filed a Notice of Rule 2004 Examination of D&H, and issued a subpoena to D&H regarding the same.
3. On or about July 19, 2012, B&H filed a Motion to Quash Chapter 7 Trustee's Subpoena for Rule 2004 Examination of D&H (the "Motion to Quash").
4. The Court scheduled a hearing on the Motion to Quash, which was subsequently reset for September 21, 2012.
5. While the Motion to Quash was pending, the Trustee and D&H sought to resolve the issues related to the 2004 Examination and the Motion to Quash.
6. On or about, August 6, 2012, the Trustee conducted an initial document review of D&H loan files related to certain K Capital loans at the offices of D&H.
7. Based on the foregoing, the Parties stipulate and agree as follows: the Trustee shall have the right to identify and request to review D&H loan files related to specific loans made by K Capital. Any request to review a D&H loan file related to a specific loan by K Capital will be made by electronic mail to Gordon Heyman (gheyman@dackmanlaw.com), and will identify the K Capital loan file that the Trustee seeks to review. After receiving such request from the Trustee, D&H will have five business days to make the requested loan file available to the Trustee for review at the D&H office located at 2221 Maryland Avenue, Baltimore, Maryland 21218.
8. The United States Bankruptcy Court for the District of Maryland will retain jurisdiction to resolve any disputes between the Parties under this Stipulation and Consent Order.
SO ORDERED
