Case No. 08-24566.United States Bankruptcy Court, D. Maryland, (Greenbelt Division).
April 2, 2009
STIPULATION AND CONSENT ORDER GRANTING MOTION TO VALUE COLLATERAL AND TO AVOID SECURITY INTEREST PURSUANT TO 11 U.S.C. § 506
WENDELIN LIPP, Bankruptcy Judge
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Upon consideration of the Debtors Motion to Value Collateral and To Avoid Security Interest Pursuant to 11 U.S.C. § 506
(“Motion”), with respect to the claim held by CitiMortgage Inc., the Respondent, and upon consent of the Respondent, after having been served with the Motion on or about February 16, 2009, it is by the U.S. Bankruptcy Court for the District of Maryland,
ORDERED, that the Motion is GRANTED; and it is further
ORDERED, that the value of the collateral is $220,000, and the first mortgage claim of Wells Fargo Home Mortgage is$245,000 leaving Citi in a no equity position; and it is further
ORDERED, that to the extent Respondent’s claim exceeds the value of its collateral, it is unsecured; and it is further,
ORDERED, that the claim of Respondent (Claim No. 10 for $120,332.24) shall be treated under Debtors’ plan as an allowed general unsecured claim for the full amount of its claim in this case, and it is further
ORDERED, that only at such time as a discharge Order is entered in this case pursuant to 11 U.S.C. § 1328, the lien held in favor of Respondent on the Debtors’ property at 6539 Fish Hatchery Road, Thurmont, Maryland 21788 shall be void to the extent of Respondent’s unsecured claim.
SO ORDERED.
CITI HOME EQUITY BANKRUPTCY DEPT, By: Aaron Hughes, Manager, Citi Mortgage, Inc., Columbus, Ohio.
Alan S. Kerxton, Esquire, Rockville, Maryland, Counsel for Debtors/Movants.
Notice Recipients