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IN RE MASSEY

United States Bankruptcy Court, D. Maryland, Baltimore Division.
Feb 3, 2010
STIPULATION AND ORDER REGARDING MOTION TO LIFT STAY FILED BY WELLS FARGO BANK, N.A. T/A WELLS FARGO AUTO FINANCE

NANCY ALQUIST, Bankruptcy Judge

Raphael Dominique Massey and Rhonda Nicola Massey, the debtors herein, and Wells Fargo Bank, N.A. t/a Wells Fargo Auto Finance ("Wells Fargo"), by and through its attorney, Merrill Cohen, hereby stipulate and agree as follows:

1. The automatic stay provisions set forth in 11 U.S.C. 362(a) are hereby deemed lifted to permit Wells Fargo to enforce its security interests to repossess and dispose of, if necessary, the debtors' 2007 Nissan Pathfinder, S.N. 5N1AR18W27C646508 (the "subject vehicle").

2. The debtors have agreed to reaffirm their debt to Wells Fargo pursuant to 11 U.S.C. Section 524(c). Under the terms of the Reaffirmation Agreement which has been entered into by the debtor and Wells Fargo, the balance on the loan has been reduced from $18,900.38 to $18,496.38; the interest rate has been reduced from 20.24% to 8.00%; and the monthly payment has been reduced from $471.49 to $361.00 effective September 3, 2009.

3. Wells Fargo agrees not to enforce its rights under its security interest and agrees to stay execution of this order provided that the debtor does not rescind the Reaffirmation Agreement pursuant to 11 U.S.C. Section 524(c)(4) and that the Reaffirmation Agreement is approved by the Court.

4. In the event that the debtor rescinds the Reaffirmation Agreement or the Reaffirmation Agreement is not approved by the Court, and the debtor is delinquent under the terms of their original agreement with Wells Fargo, Wells Fargo shall be entitled to repossess and dispose of, pursuant to applicable law, the subject vehicle, without further notice, hearing, or order of Court.

SO ORDERED

NANCY ALQUIST, Bankruptcy Judge

Notice Recipients

District/Off: 0416-1 User: mrybczyns Date Created: 2/3/2010 Case: 09-26560 Form ID: pdfall Total: 5 Recipients of Notice of Electronic Filing: tr David E. Rice derice@venable.com aty David E. Rice derice@venable.com aty Merrill Cohen merrillc@cohenbaldinger.com TOTAL: 3 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Raphael Dominique Massey 2427 Kathydale Road Pikesville, MD 21208 db Rhonda Nicole Massey 7427 Kathydale Road Pikesville, MD 21208 TOTAL: 2