Case No. 00-19258-LBRUnited States Bankruptcy Court, D. Nevada
April 19, 2001
Brian E. Holthus, Esq., Alicia R. Ashcraft, Esq., JOLLEY, URGA, WIRTH WOODBURY, Las Vegas, NV Attoreny for General Motors Acceptance Corporation a Delaware Corporation
STIPULATED ORDER FOR REGARDING RELIEF FROM AUTOMATIC STAY AND FOR ASSUMPTION OF LEASE
LINDA B. RIEGLE, United States Bankruptcy Judge
General Motors Acceptance Corporation (“GMAC”), by and through its counsel, Brian E. Holthus, and Debtor, by and through its counsel, James Shea, having stipulated to certain relief, and the Court deeming itself fully advised and for good cause shown,
IT IS HEREBY ORDERED that Debtor assumes the lease of the 1999 S-10 Pickup, 1GCCS14XXX8175470 (the “Vehicle”), from GMAC;
IT IS FURTHER ORDERED that the Debtor pursuant to the terms of the lease shall (1) surrender the Vehicle upon the lease maturity date of January 9, 2003, and pay any fees, or (2) will purchase the Vehicle;
IT IS HEREBY ORDERED that Debtor shall cure the arrears of $1,139.40, by paying $569.70, which represents a double payment, on the 10th of April, May, June and July, 2001. Debtor shall resume its regular monthly Lease payment of $284.85 on August 10, 2001. Debtor shall make all these payments to GMAC on a timely basis commencing April, 2001,
IT IS FURTHER ORDERED that if Debtor fails to make any of the payments required under this order or default in any of obligations under the Lease Agreement, and if Debtor fails to correct such defult upon ten (10) days written notice to Debtor and to counsel for Debtor, GMAC may submit to the Court without further notice or hearing an affidavit establishing such default. Upon the filing of such affidavit, GMAC’s relief from the automatic stay under 11 U.S.C. § 362 shall be immediately granted, shall not be subject to the ten (10) day stay imposed under Bankruptcy Rule 4001(a)(3), and the Debtors shall deliver the Vehicle to GMAC within five (5) days of the entry of the Affidavit in Connection with Default, to allow GMAC to pursue all of its rights and remedies regarding the Vehicle.
IT IS FURTHER ORDERED that if Debtor makes a payment to GMAC after GMAC sends Debtor a default notice under the terms of this order, Debtor shall pay to GMAC an additional $75.00 as compensation for attorneys’ fees incurred in sending such a default notice.