Case No. 01-11493United States Bankruptcy Court, S.D. Alabama
October 7, 2002
CONSENT ORDER MODIFYING AUTOMATIC STAY
MARGARET A. MAHONEY, Chief Bankruptcy Judge
Upon consideration of the stipulation of the parties to a modification of the automatic stay, it is
ORDERED The accrued fees and costs for on CONSECO FINANCE CORPORATION in the amount of $475.00, are placed under the plan. This claim is designated as the post-petition arrears claim, shall be paid pro rata as a secured claim in accordance with the terms of the plan. The debtor authorizes the trustee to modify the plan to implement such modification. FURTHER ORDERED, that the creditor shall file such claim within 30 days of the entry of this order.
FURTHER ORDERED that the stay will terminate without further order of the court if the debtor defaults in payments beginning with the payment due in SEPTEMBER 20, 2002 and the debtor does not cure the default within 10 days from the date the creditor files a certificate of default with the court. The certificate shall be served on the debtor and the attorney for the debtor and shall contain notice that the stay will terminate pursuant to this order, without further hearing, if the debtor fails to cure the default within 10 days from the filing date of the certificate,
If the stay lifts pursuant to this order, it shall also lift as to the comaker, JOHN MARSHALL.