Opinion
Bankruptcy Case No. 12-31646-RKM
03-05-2013
In re: DENISE LUCIE HAYMOND, Debtor. 6924 South 745 East Unit G Midvale, UT 84047 SSN/ITIN: XXX-XX-9741
Jesse A. P. Baker (BN 13418) Arnold L. Graff (BN 13527) PITE DUNCAN, LLP Attorneys for Movant Federal National Mortgage Association
Jesse A. P. Baker (BN 13418)
Arnold L. Graff (BN 13527)
PITE DUNCAN, LLP
Attorneys for Movant
Federal National Mortgage Association
Chapter 13
[FILED ELECTRONICALLY]
ORDER GRANTING RELIEF FROM AUTOMATIC STAY
The Court, having considered the Motion for Relief From the Automatic Stay ("Motion") filed by Federal National Mortgage Association ("Movant") and noting that the Motion, Notice of Hearing, and other supporting documents were properly served on all parties entitled to notice, and finding that no objection has been filed, and other good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. As to Movant, its successors, transferees and assigns, the automatic stay of 11 U.S.C. § 362 (a) is terminated and Movant may exercise its rights and remedies under applicable nonbankruptcy law with respect to the real property commonly known as 6924 South 745 East Unit G, Midvale, Utah 84047, which is legally described as:
SEE THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
2. Upon entry of this Order, the Chapter 13 Trustee shall cease making any further payments in regard to Movant's claim filed in this bankruptcy case.
3. Post-petition attorneys' fees and costs for the within motion may be added to the outstanding balance of the subject Note as allowed under applicable non-bankruptcy law.
4. Movant shall file an amended general unsecured Proof of Claim within 180 days of the sale of the Real Property for any deficiency balance due under the Note or such claim shall be paid $0.00.
5. This order shall be binding and effective and supersede any subsequently entered confirmation order that confirms a Chapter 13 Plan of Reorganization providing for the treatment of Movant's claim.
_________________________________
UNITED STATES BANKRUPTCY JUDGE
CERTIFICATE OF SERVICE
I hereby certify that I duly mailed, postage prepaid, on the _ day of _, 2013, a true and correct copy of the foregoing Order Granting Relief from Automatic Stay to the following: Pite Duncan, LLP
4375 Jutland Drive
Suite 200
San Diego, CA 92117
Denise Lucie Haymond
7332 South Union Creek Way, Apt #2C
Midvale, UT 84047
Jody L. Howe
Utah Bankruptcy Professionals, P.C.
9227 South 1300 East
Sandy, UT 84094
Kevin R. Anderson
405 South Main Street, Suite 600
Salt Lake City, UT 84111
U.S. Trustee
Ken Garff Bldg.
405 South Main Street
Ste 300
Salt Lake City, UT 84111
AMERICA FIRST FEDERAL CREDIT UNION
PO BOX 9199
OGDEN, UT 84409-0199
Unit 191, in Building 36, as contained within the Fairmeadows Phase 1, a Prowswood Open Space Community, a Utah Condominium Project, as the same is identified in the Record of Survey Map recorded in the Salt Lake County Recorders Office as Entry No. 3207545, in Book 78-12, at Page 325, of Plats, (as said Survey Map may have heretofore been amended or supplemented), and in the Declaration of Covenants, Conditions and Restrictions for said project, recorded on December 6, 1978, as Entry No. 3207544, in Book 4782, at Page 785, of Official Records, (as said Declaration may have heretofore been amended or supplemented. Together with an undivided interest and an easement for the use and enjoyment in and to the Common Areas. Tax Parcel Number: 22-20-354-104.
Exhibit A