In re Raejean S. Bonham dba World Plus
Bankruptcy No. F95-00897
Unofficial Web Site
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In Re: |
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RAEJEAN BONHAM, aka JEAN BONHAM, aka |
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JEANNIE BONHAM dba WORLD PLUS |
) Bankruptcy No. F95-00897-HAR |
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Debtor. |
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A hearing was held on January 16, 1998 on the trustee's Motion for Order Compelling Turnover of Personal Property filed October 3, 1997 (Docket Entry 1409). A Memorandum in Support was filed at Docket Entry 1410. The parties resolved the issue in an agreement stated on the record. This order incorporates that agreement, and, therefore,
IT IS ORDERED that,
1. ITEMS TO BE PURCHASED; PAYMENT; DEFAULT
1.1. The debtor agrees to purchase the items of furniture and fixtures mentioned in Exhibit A to the trustee's Memorandum (Docket Entry 1410) except those mentioned in Paragraph 2 of this order, for the sum of $10,000.1.2. The sum of $10,000 shall be paid by the debtor to the trustee by 4:30 PM on Thursday, February 5, 1998. Payment shall be made to the law offices of Guess & Rudd in Fairbanks by cash, certified funds or a check drawn on a local bank.
1.3. If the funds are not paid, the trustee's motion is granted with respect to all the items mentioned in Exhibit A to the trustee's Memorandum (Docket Entry 1410) without prejudice to the rights of third parties as to the items described in Paragraph 2 of this order.
2. ITEMS EXCLUDED FROM PURCHASE The following items shall be excluded from the purchase described in Paragraph 1.1:
3. DISCLAIMER OF INTEREST BY DEBTOR. Debtor, only for herself, disclaims any interest in the Porta-Shed mentioned in Paragraph 2. The trustee does not waive the right to seek recovery of these items from third parties.
4. WARRANTY. The debtor warrants that the items she is purchasing for $10,000 are substantially all of the furnishings and fixtures she owns, and the she has not hidden or sequestered any items fro the trustee's observation. To the extent she has not disclosed material items to the trustee, the trustee does not waive the right to seek recovery from the debtor or others.
DATED: January 16, 1998
/s/ Herbert A. Ross
U.S. Bankruptcy Judge
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