Robert Gordon, Bankruptcy Judge
WHEREAS, on November 1, 2008, Pamela Joanne Shorb (the "Debtor) filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code;
WHEREAS, on December 1, 2008, Royal Financial Services ("RFS") filed a Proof of Claim (Claim #1-1) in Debtor's case asserting a secured claim in the amount of $33,488,16, including a principal and interest arrearage of $3,515.37, late charges of $132.65, and "Unpaid Charges" of $350.00;
WHEREAS, on February 26, 2009, RFS Filed a Motion for Relief from Stay in the Debtor's case (Doc. 16); WHEREAS, on March 16, 2009, the United States Trustee filed an objection to RFS's Claim #1-1 based on: (1) RFS's failure to attach to its proof of claim a copy of the promissory note underlying the debt as required by Federal Rule of Bankruptcy Procedure 3001(c); (2) RFS's failure to attach to its proof claim evidence of the perfection of RFS's security interest as required by Federal Rule of Bankruptcy Procedure 3001(d); and RFS's failure to sufficiently itemize the $350.00 charge that RFS included in its proof of claim for "Unpaid Charges";
WHEREAS, the United States Trustee and RFS agree that there are other bankruptcy cases this District in which RFS has failed to attach the required documents and/or sufficiently itemize charges in proofs of claim filed by RFS;
WHEREAS, on March 16, 2009, the United States Trustee filed an opposition to RFS's Motion for Relief from Stay (Doc. 25), based on RFS's failure to comply with Maryland Local Bankruptcy Rule 4001-1(b) which requires that motions for relief from stay contain: (1) a "detailed statement of the debt owed to the movant"; (2) "if periodic payments are in arrears, the amount of arrears accrued prepetition and the amount of arrears accrued postpetition"; and (3) "documents that evidence the security interest and its perfection";
WHEREAS, on March 20, 2009, this Honorable Court held a hearing on RFS's Motion for Relief from Stay and the United States Trustee's Opposition thereto. At that hearing, the Court denied RFS's Motion for Relief from Stay without prejudice for the reasons cited in the United State Trustee's Opposition; WHEREAS, on March 26, 2009, RFS filed an amended proof of claim (Claim # 1-2) in this case correcting the document deficiencies in RFS's Claim #1-1 and properly disclosing that the previously unidentified $350.00 in "Unpaid Charges" consists of a $100 charge for a 30 day letter and a $250 charge for a Notice of Intent pursuant to paragraph 17 of the Deed of Trust;
WHEREAS, without taking any position on the reasonableness of the "30 day letter" fee and/or the "Notice of Intent" fee, and without prejudice to the right of the United States Trustee to object to or challenge the reasonableness of those fees in future cases, the United States Trustee agrees that RFS has sufficiently itemized and provided supporting documentation to the United States Trustee regarding said fees;
WHEREAS, the United States Trustee and RFS desire to resolve the United States Trustee's Objection to RFS's Claim #1-1 by the terms of this Stipulation and Consent Order Resolving Objection of United States Trustee to Claim of Royal Financial Services (Claim 1-1) (the "Stipulation and Consent Order").
NOW, THEREFORE, the United States Trustee and RFS (hereinafter collectively the "Parties") do agree, stipulate and consent as follows:
1. The foregoing recitals are true and correct;
2. RFS agrees and stipulates that, in the future, when it files proofs of claim for secured debts in the United States Bankruptcy Court for the District of Maryland that it will comply fully with the requirements of Federal Rule of Bankruptcy Procedure 3001 and, in particular Rule 3001(c) and (d), with regard to its obligation to file documents evidencing its claim and the perfection of its security interest;
3. RFS further agrees and stipulates that when it includes charges in future proof of claim it will itemize such charges with sufficient descriptions and detail so parties-in-interest can reasonably identify and evaluate the reasonableness of the fees charged; and
4. The United States Trustee's Objection to RFS's Claim #1-1 (Doc. 24) be and hereby is WITHDRAWN.
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.
SO ORDERED.