Aaron Carrillo

1:08-bk-13602Nmb30 janv. 2009

Texte intégral

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
In Re:
AARON CARILLO, 	Case No. 13-08-13602-m13
Debtor.
STIPULATED ORDER GRANTING STATE FARM BANK’S
MOTION FOR RELIEF FROM STAY, FOR RELIEF FROM CO-DEBTOR STAY,
AND TO ABANDON PROPERTY FROM THE BANKRUPTCY ESTATE
AND VACATING FINAL HEARING
THIS MATTER having come before the Court upon State Farm Bank’s Motion to Lift Stay,
to Abandon Property from the Estate and for Relief from Co-Debtor Stay, filed herein on
November 25, 2008 [Docket Nos. 15-17]; an Amended Notice of such Motions and Deadline to
Object thereto having been filed herein on November 25, 2008 [Docket No. 19] and having been
served on the same date upon all parties entitled to notice pursuant to the Bankruptcy Court Clerk’s
Official Mailing Matrix; the deadline to object to such Motions having passed on December 18,
2008; the Debtor having filed Objections to said Motions herein on December 15, 2008 [Docket
Nos. 22-24]; no other party having filed any objections; a Preliminary Hearing having been held on
January 7, 2008; the parties having stipulated to the entry of this Order; and the Court being
otherwise fully advised in the premises;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. 	State 	Farm 	Bank, 	FSB’s 	collateral, 	the 	2008 	Nissan 	Titan, 	VIN
1N6BA06A68N316147, is hereby abandoned from this Bankruptcy Estate.
2. 	The automatic stay is modified to permit State Farm Bank, FSB to take any and all
action pursuant to applicable state law against its collateral, the 2008 Nissan Titan, VIN
1N6BA06A68N316147.
Case 08-13602-j7 Doc 31 Filed 01/30/09 Entered 01/30/09 14:42:49 Page 1 of 3
3. 	The co-debtor stay, as to Melissa Kalas, who is not a debtor herein and is not the
spouse of the Debtor, is modified to permit State Farm Bank, FSB to take any and all action pursuant
to applicable state law against Melissa Kalas and its collateral, the 2008 Nissan Titan, VIN
1N6BA06A68N316147.
4. 	State Farm Bank, FSB agrees to negotiate, in good faith, with Melissa Kalas, outside
of this Bankruptcy case, a forbearance agreement substantively similar to that which was agreed to
by the parties on or about October 30, 2008. Any such agreement shall not include the Debtor and
shall not provide for any payments to be made by Debtor or Debtor’s Bankruptcy Estate.
5. 	The Final Hearing upon State Farm Bank’s Motion to Lift Stay, to Abandon Property
from the Estate, and to Lift Co-Debtor Stay, presently set for Monday, February 2, 2009 at 3:00 p.m.
is hereby vacated.
HONORABLE MARK B. McFEELEY
UNITED STATES BANKRUPTCY JUDGE
Entered on Docket Date: 1/30/09
Submitted by:
PUCCINI & MEAGLE, P.A.
By: 	/s/ submitted by email 01/28/2009
Shay E. Meagle
Attorney for State Farm Bank, FSB
PO Box 50700
Albuquerque NM 87181-0700
Telephone: 	(505) 255-0202
Facsimile: 	(505) 255-0202
Approved by:
SCHIMMEL LAW OFFICE
By: 	/s/ approved via telephone 01/28/2009
Jason Neal
Attorney for Debtor
Case 08-13602-j7 Doc 31 Filed 01/30/09 Entered 01/30/09 14:42:49 Page 2 of 3
PO Box 8
Albuquerque NM 87103-0008
Telephone: 	(505) 837-4400
Facsimile: 	(505) 837-2528
Copies to:
Kelley Skehen
Chapter 13 Trustee
625 Silver Ave Sw Ste 350
Albuquerque NM 87102-3111
Melissa Kalas
Codebtor on debt to State Farm Bank
2858 John St SE
Albuquerque NM 87102-5122
C:\TEMP\notesA86B5F\StipOrdMtnsLiftStay.010709.wpd
5503.17
Case 08-13602-j7 Doc 31 Filed 01/30/09 Entered 01/30/09 14:42:49 Page 3 of 3

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