Case Information
*1 UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)
Denise Carlon, Esquire KML Law Group, P.C. Order Filed on May 29, 2020 216 Haddon Avenue, Suite 406 by Clerk Westmont, NJ 08108 U.S. Bankruptcy Court Main Phone: 609-250-0700 District of New Jersey dcarlon@kmllawgroup.com
Attorneys for Secured Creditor
MidFirst Bank Case No.: 19-33261 CMG Adv. No.: In Re: Diana Waher-Sala, Hearing Date: 5/20/2020 @ 9:00 a.m..
Debtor. Judge: Christine M. Gravelle
ORDER CURING POST-PETITION ARREARS & RESOLVING MOTION FOR The relief set forth on the following pages, numbered two (2) through three (3) is hereby ORDERED.
DATED: May 29, 2020
This matter having been brought before the Court by KML Law Group, P.C., attorneys for Secured Creditor, MidFirst Bank, Denise Carlon appearing, upon a motion to vacate the automatic stay as to real property located at 941 Vaughn Avenue, Toms River, NJ 08753, and it appearing that notice of said motion was properly served upon all parties concerned, and this Court having considered the representations of attorneys for Secured Creditor and Steven J. Abelson, Esquire, attorney for Debtors, and for good cause having been shown
It is ORDERED, ADJUDGED and DECREED that as of May 19, 2020 Debtors are in arrears outside of the Chapter 13 Plan to Secured Creditor for payments due January 2020 through April 2020 for a total post-petition default of $5,588.27 (4 @ $1,356.38, 3 Late Charges @ $54.25); and
It is further ORDERED, ADJUDGED and DECREED that the balance of the arrears in the amount of $5,588.27 shall be added to the affidavit of amount due and paid through Debtors ’ Chapter 13 plan; and
It is further ORDERED, ADJUDGED and DECREED that the Debtor will file a modified plan within twenty days of the entry of this order; and
It is further ORDERED, ADJUDGED and DECREED that the Debtor has received a forbearance agreement for the payments from May 2020 through October 2020; and that upon the expiration of the forbearance
period on October 31, 2020, the Debtor shall take action to address the arrears due as a result of the forbearance by contacting creditor and creditor ’s counsel with proposals to cure the arrears; and that regular mortgage payments are to resume November 1, 2020, directly to Secured Creditor ’s servicer , M&T Bank, P.O. Box 1288, Buffalo, NY 14240 (Note: the amount of the monthly mortgage payment is subject to change according to the terms of the note and mortgage); and that for the Duration of Debtors Chapter
13 bankruptcy proceeding, if any of the cure payments or regular monthly mortgage payments are not made within thirty (30) days of the date said payment is due, Secured Creditor may obtain an Order Vacating Automatic Stay as to Real Property by submitting a Certification of Default to the Court indicating such payment is more than thirty days late, and Debtors shall have fourteen days to respond; and *3 that a copy of any such application, supporting certification, and proposed Order must be served on the Trustee, Debtors, and Debtors counsel at the time of submission to the Court; and that Secured Creditor is hereby awarded
reimbursement of fees and costs in the sum of $350 .00 for attorneys’ fees and $181 .00 for filing fees, totaling $531 .00, which is to be paid through Debtors’ Chapter 13 plan; and that Secured Creditor’s Motion for Relief
is hereby resolved.