Case No. 09-15477 NVA, Adv. Pro. No. 09-00434 NVA.United States Bankruptcy Court, D. Maryland, Baltimore Division.
September 23, 2009
STIPULATION AND CONSENT ORDER AND JUDGMENT OF NONDISCHARGEABILITY
NANCY ALQUIST, Bankruptcy Judge
Plaintiff, Discover Bank, Issuer of the Discover Card and Defendant, Adam Wayne Pender hereby stipulate as follows:
RECITALS
1. On or about 03/31/2009, Defendant filed for relief under Chapter 7 of the Bankruptcy Code.
2. On the date of filing of the petition in this case, the Defendant was indebted to Plaintiff for the sum of $5,630.35 on account number XXXXXXXXXXXX3092.
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3. Plaintiff has filed an Adversary Proceeding objecting to the discharge of $5,300.00 of the total debt. The Parties desire to resolve this matter without further litigation upon the terms and conditions herein.
AGREEMENT
4. The Parties agree that the sum of $5,300.00 owed by the Defendant to the Plaintiff shall not be discharged by order of this court.
5. Defendant understands that he is waiving his right to a hearing on the Adversary Proceeding and his right to a discharge of this debt should he prevail at the hearing. Defendant has carefully considered this agreement with an attorney of their choice, or has voluntarily elected not to do so, after given that opportunity.
6. The parties each agree to pay their own attorney fees and costs in this matter.
IT IS HEREBY ORDERED, ADJUDGED DECREED:
1. The Parties agree that the sum of $5,300.00 owed by the Defendant to the Plaintiff shall not be discharged by order of this court.
2. Defendant understands that he is waiving his right to a hearing on the Adversary Proceeding and his right to a discharge of this debt should he prevail at the hearing. Defendant has carefully considered this agreement with an attorney of their choice, or has voluntarily elected not to do so, after given that opportunity.
3. The parties each agree to pay their own attorney fees and costs in this matter.
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Tammy Cohen Drescher, Sellman, Hoff LLC, Baltimore, MD, Attorney for Plaintiff.
Steven E. Mirsky, Rockville, MD, Attorney for Defendant.
CONSENT CERTIFICATION
I HEREBY CERTIFY that the terms of the copy of this Consent Order submitted to the Court are identical to those set forth in the original Consent Order; and the signatures represented by the/s/ on this copy have been authorized and reference the signature of the consenting parties on the original Consent Order.
SO ORDERED
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