DUNCAN KEIR, Bankruptcy Judge
Upon the consent of the Parties, Plaintiff, Chase Bank USA, N.A., by and through its attorneys-of record Tammy Cohen Drescher and Defendant, Jeffrey Lee Nelson, and for good cause having been shown, it is by the United States Bankruptcy Court for the District of Maryland, hereby:
STIPULATION BY THE PARTIES AND FINDINGS OF FACT: 1. On or about 03/23/2009, Defendant filed for relief under Chapter 7 of the Bankruptcy Code. 2. On the date of filing of the petition in this case, Defendant was indebted to Plaintiff for the sum of $19,209.06 on Account number XXXXXXXXXXXX4945. 3. Plaintiff has filed an Adversary Proceeding objecting to the discharge of the debt. The Parties desire to resolve this matter without further litigation upon the terms and conditions herein. 4. Defendant understands that Defendant is waiving Defendant's right to a trial and the right to a discharge of this debt should Defendant prevail at trial. Defendant has carefully considered this settlement with an attorney of Defendant's choice, or has voluntarily elected not to do so, after being given that opportunity. IT IS HEREBY ORDERED, ADJUDGED DECREED: 1. The sum of $6,500.00 owed by Defendant to Plaintiff is found to be nondischargeable. 2. The non-discharged sum of $6,500.00 shall be paid as follows: the sum of $100.00 per month, each month for 65 months, commencing 09/15/2009. The remaining payments shall be due on the 15th day of each month thereafter. While not in default, such principal shall not bear interest. 3. Payments are to be made payable to Chase Bank USA, N.A. and forwarded to: Accounts Receivable Attn: Chase Bank USA, N.A. WEINSTEIN RILEY, P.S. P.O. Box 3978 Seattle, WA 98124 INCLUDE ACCOUNT NUMBER ON PAYMENTS Plaintiff or its agents may send monthly bills and invoices as a courtesy reminder to Defendant but are not required to do so and the lack of such invoice will not excuse payment by Defendant. 4. In the event Defendant defaults in payments, Plaintiff shall be entitled to declare the sum of $6,500.00, less any payments made, plus any interest, immediately due and payable, together with Plaintiff's reasonable attorneys' fees and costs incurred and take all necessary action to enforce or collect such sums due. 5. If Defendant fails to make any payment as agreed, the remaining $6,500.00, less any payments made, shall bear interest at ten percent (10%) per annum until paid or otherwise satisfied. However, no interest will accrue so long as payments are kept current. 6. Plaintiff will refrain from pursuing its rights under this Order so long as Defendant continues to make payment on a regular, timely basis. If Defendant defaults, however, Plaintiff shall have the right to pursue any legally available remedy without further notice or order of Court. 7. The parties shall pay their own attorneys' fees and costs in this matter. However, in the event of default under this Agreement, Defendant shall be responsible for all attorneys' fees and costs incurred by Plaintiff. SO ORDERED
DUNCAN KEIR, Bankruptcy Judge
Notice Recipients
District/Off: 0416-1 User: dconstabl Date Created: 9/4/2009 Case: 09-00408 Form ID: pdfall Total: 4 Recipients of Notice of Electronic Filing: aty Andrew ^1 Stone astone@AndrewStoneLaw.com aty Tammy Cohen Drescher tdrescher@sellmanhoff.com TOTAL: 2 Recipients submitted to the BNC (Bankruptcy Noticing Center): pla Chase Bank USA, NA Weinstein Riley, PS 2001 Western Ave. Ste. 400 Seattle, WA 98121 dft Jeffrey Lee Nelson 208 Rivierview Court Sykesville, MD 21784 TOTAL: 2