PAUL MANNES
SO ORDERED
REGISTRY OF JUDGMENTS
_________________________________
PAUL MANNES
U. S. BANKRUPTCY JUDGE
(Chapter 7)
ORDER AND JUDGMENT OF NONDISCHARGEABILITY
Based upon the Stipulation of the Parties, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The amount of $3,112.94 owed by the Defendant to the Plaintiff, together with $293.00 in filing fees, is found to be nondischargeable, and Plaintiff is granted judgment against Defendant in this amount (the "Non-discharged Debt").
2. The Non-discharged Debt is to be satisfied by the Defendant by payment in the amount of $3,405.94, to be paid by the Defendant in regular monthly payments of $100.00 per month, beginning on February 25, 2013, and continuing on the 25th day of each month thereafter, until paid in full. No interest will accrue as long as monthly payments are kept current.
3. The Plaintiff has assigned the collection of payments in this matter to The Fitzpatrick Law Office, PC, and all payments received from Defendant will be deposited into an attorney Trust account on behalf of the Plaintiff.
4. The Defendant shall send all monthly payments to:
The Fitzpatrick Law Office, PC
4118 Leonard Drive, Suite 200
Fairfax, Virginia 22030
Courtesy reminders of payments due may be sent to Defendant from time to time but are not required. The lack of such reminders to Defendant will not excuse the Defendant from making payments in accordance with the terms of this Agreement.
5. In the event Defendant defaults in payments, Plaintiff shall be entitled to declare the Non-discharged Debt, less any payments made, immediately due and payable, together with Plaintiff's reasonable attorney fees and costs which may be incurred, and to take all necessary legal action to enforce or collect the amount owed.
6. Defendant acknowledges and stipulates that if Defendant fails to make any payment as agreed, the Non-discharged Debt, less any payments made, will bear interest at the rate of eight percent (8%) per annum until paid or otherwise satisfied. However, no interest will accrue as long as payments are kept current.
7. Plaintiff will refrain from pursuing its rights under this agreement as long as Defendant continues to make payments on a regular, timely basis. If Defendant defaults, however, Plaintiff shall have the right to pursue any legally available remedy without further notice, and without the need for further relief from the automatic stay in any bankruptcy proceeding in which Defendant is a Debtor pursuant to 11 U.S.C. § 362(c)(2)(C).
8. The parties each agree to pay their own attorney fees and costs in this matter. However in the event of default under this Agreement, Defendant shall be responsible for all attorney's fees and costs incurred by Plaintiff. WE ASK FOR THIS: _________________________________
KEVIN M. FITZPATRICK
Counsel for Plaintiff
SEEN AND AGREED: _________________________________
David M. Gormley
Andrews, Bongar, Gormley & Clagett, PA
Counsel for Melissa Anne Powell
CERTIFICATE OF ENDORSEMENT
This is to certify that all parties to Plaintiff GE Capital Retail Bank's Complaint Objecting to Discharge of Debt have endorsed the Order and Judgment of Nondischargeability attached hereto, and that the terms of the copy of the Order submitted to the Court are identical to those set forth in the original Order; and that the signatures represented by the _ on this copy reference the signatures of parties on the original Order.
_________________________________
Kevin M. Fitzpatrick
cc:All Parties