Case No.: 08-19223-JFS.United States Bankruptcy Court, D. Maryland, Baltimore Division.
June 24, 2011
Ellen W. Cosby, Trustee, Towson, MD, Chapter 13 Trustee.
Robert N. Grossbart, Esquire, Grossbart, Portney Rosenberg, PA, Baltimore, MD, Attorney for the Debtor.
STIPULATION AND CONSENT ORDER RESOLVING TRUSTEE’S OPPOSITION TO DEBTOR’S OBJECTION TO CLAIM
JAMES SCHNEIDER, Bankruptcy Judge
WHEREAS, on July 17, 2088, Dawn Marie Selby, (“Debtor”) filed a voluntary petition under Chapter 13 of the Bankruptcy Code;
WHEREAS, on August 21, 2008, Litton Loan Servicing, LP (“Litton”) filed a secured proof of claim (the “Proof of Claim”) in Debtor’ case;
WHEREAS, pursuant to 11 U.S.C. Sec. 502(a) the Proof of Claim, until the time that a party in interest objects, is deemed an allowed proof of claim;
WHEREAS, Debtor proposed a plan which was confirmed by Order entered October 16, 2008;
WHEREAS, Ellen W. Cosby, Chapter 13 Trustee, has been making disbursements under Debtor’s confirmed plan of reorganization since that date specifically including making significant
disbursements to Litton on account of its allowed Proof of Claim and the provisions of Debtor’s confirmed plan;
WHEREAS, on June 6, 2011, Debtor, filed an Objection to the Proof of Claim filed by Litton (the “Objection”) requesting, among other relief: that the Proof of Claim be expunged and that the Chapter 13 Trustee be directed to strike the Proof of Claim;
WHEREAS, on June 9, 2011, the Chapter 13 Trustee filed an opposition to the Objection primarily because of concerns regarding payments made by her to Litton;
WHEREAS, the Debtor and the Chapter 13 Trustee desire to resolve concerns the Chapter 13 Trustee has about the Debtor’s Objection to Litton’s Proof of Claim in this case by the terms of this Stipulation and Consent Order.
NOW, THEREFORE, the Debtor and the Chapter 13 Trustee do agree, stipulate and consent as follows:
1. The foregoing recitals are true and correct;
2. The Trustee’s Opposition to Debtor’s Objection to Claim (Doc 55) is hereby deemed to be withdrawn;
3. Any resolution of the Debtor’s Objection to the Proof of Claim of Litton shall not:
i. Find that payments made by the Chapter 13 Trustee to Litton prior to the date on which Debtor filed the Objection (June 6, 2011) were inappropriate or unauthorized;
ii. Require the Chapter 13 Trustee to participate in recovery of any funds paid by her to Litton prior to the date on which Debtor filed the Objection (June 6, 2011);
iii. In any way modify or impact the terms of the confirmed plan.
Having reviewed the terms and conditions of this Stipulation and Consent Order and finding the terms and conditions contained herein to be reasonable, it is by the United States Bankruptcy Court for the District of Maryland, SO ORDERED.
I HEREBY CERTIFY that the terms of this copy of the consent order submitted to the Court on June 21, 2011 are identical to those set forth in the original consent order; and that signatures represented by the /s/ ____________________ on this copy reference the signatures of consenting parties on the original consent order.