Daniel J. Gallagher

2:06-bk-13789Paeb21 déc. 2006

Texte intégral

1 This includes $160,000 held in escrow by the title company.
2 The 	agreement 	is 	memorialized 	in 	a 	letter 	agreement 	dated 	October 	16, 	2006
(the “Agreement”). Exhibit M-1. The Gallagher/Old Gold disputes have been the driving force of
this and prior bankruptcies filed by Gallagher and the related 3 Ram, Inc. (“3 Ram”)
UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
DANIEL GALLAGHER, 	: 	Bankruptcy No. 06-13789DWS
:
Debtor. 	:
ORDER
AND NOW, this 21st day of December 2006, upon consideration of the Motion of
Old Gold , LLC (“Old Gold”) to Dismiss this Chapter 13 case;
And after notice and hearing at which the debtor Daniel Gallagher (“Gallagher”)
testified that he had reached a settlement of all issues with Old Gold upon payment of
$325,0001 by December 11, 2006;2
And the Agreement contemplating that all pending court actions against Old Gold
by Debtor and 3 Ram be terminated with prejudice;
And the $325,000 payment not having been made on December 11, 2006 or to date;
And Gallagher having testified that he can raise the additional $165,000 from a new
source by the end of business December 22, 2006;
Case 06-13789-dws Doc 53 Filed 12/21/06 Entered 12/21/06 14:43:09 Desc Main
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In re Daniel Gallagher - Bankruptcy No. 06-13789DWS
3 In addition to securing the additional $165,000, Gallagher shall be responsible for
delivering the Escrow to Old Gold. Old Gold shall only release its liens on payment of the full
$325,000 consideration.
-2-
And Old Gold agreeing to still accept $325,000 consisting of the Escrow and
$165,000 in full settlement of all claims as though it was timely made in accordance with
the Agreement provided payment of $325,000 is made by the end of business December 22,
2006;3
And Old Gold further agreeing if payment is not made on December 22, 2006, it shall
accept $348,000 in full settlement of all claims provided payment of $348,000 is made by
the end of business January 2, 2007;
And this Order having been read to Gallagher, his counsel David A. Scholl, and
Old Gold’s counsel Allen Dubroff who stated they understood it, had no questions about it
and agreed to its terms;
It is hereby ORDERED and DECREED that:
1. Old Gold shall release its liens on all assets of Daniel Gallagher and 3 Ram, Inc.
upon payment of $325,000 if paid by December 22, 2006 or upon payment of $348,000 if
paid by January 2, 2007;
2. 	Gallagher and 3 Ram shall immediately terminate all legal actions against
Old Gold. This obligation is in consideration of Old Gold’s agreement to compromise its
claims and is not conditioned on the performance of paragraph 1.
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In re Daniel Gallagher - Bankruptcy No. 06-13789DWS
4 Dismissal of the main bankruptcy case shall also affect a dismissal with prejudice of
adversary nos. 06-0455, 06-0456 and 06-0457. The Clerk shall close all cases.
-3-
3. 	This Chapter 13 case is Dismissed with Prejudice. 4 There shall be no further
bankruptcy petitions filed in this Court by either Daniel Gallagher or 3 Ram, Inc.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Copies to:
David A. Scholl, Esquire
Law Office of David A. Scholl
#6 St. Albans Avenue
Newtown, PA 19073
Daniel Gallagher
128 Mercy Street
Philadelphia, PA 19148
Allen Dubroff, Esquire
7848 Old York Road, Suite 200
Elkins Park, PA 19027
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
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