In re Raejean S. Bonham dba World Plus
Bankruptcy No. F95-00897
Unofficial Web Site
The Trustee closed the sale of the Bonham residence, settled all claims with Steve Bonham, and resolving several other issues. This is the Stipulation; the Application for Approval of Stipulation and Report of Sale are also posted at the 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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_____________________________________ |
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LARRY D. COMPTON, |
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Plaintiff, |
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v. |
) Adv Proc No. 95-00897-185-HAR |
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) Bancap No. 96-4298 |
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RAEJEAN S. BONHAM, STEVE A. |
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BONHAM, ALLEN DALE CARTWRIGHT, |
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MARIA CARTWRIGHT aka MARIA |
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CAPORICCI, and JAMES T. DECKER, SR. |
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Defendants. |
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The plaintiff trustee, LARRY D. COMPTON, by and through his attorneys, Guess & Rudd P.C. ("the Trustee"), and defendants RAEJEAN S. BONHAM and STEVE A. BONHAM, pro se ("the Bonhams"), agree to the following stipulation:
1. The Bonhams withdraw their objections to the sale of their residence and consent to the Order for Sale of Property filed April 14, 1998 and the Final Partial Judgment filed April 14, 1998, subject to the other terms and conditions of this Stipulation.
2. The Bonhams will cooperate with the Trustee in the sale of the property to the Elliotts or to some other purchaser if the sale to the Elliotts fails. The duty to cooperate imposed by this paragraph is more than a simple duty not to interfere; the Bonhams agree that they will affirmatively cooperate by making the property available for inspections, testing, repairs and other requirements imposed by the purchase agreement or in the course of the sale to the Elliotts or a subsequent sale. The Bonhams understand and agree that they are required to show flexibility with regard to Steve Bonham’s sleep schedule, allowing access to the house during times when he might be sleeping for appraisals, electrical repairs and other purposes. The Bonhams will voluntarily vacate the property on or before June 30, 1998. The Trustee will endeavor to keep the Bonhams advised of the progress towards closing.
3. At the closing on the sale of the property, whether to the Elliotts or to some other person, Steve A. Bonham will receive from the Closing Agent the sum of Thirty-Two Thousand One Hundred and 00/100 Dollars ($32,100.00) in full, final and complete settlement of all of his claims, plead and unplead, in this case, and will execute a suitable release of claims if the Trustee requires him to do so. The Bonhams will execute quitclaim deeds in favor of the Trustee if the title insurance agency or lender require them to do so as a condition of closing the transaction.
4. The Bonhams will leave in place and on the property when they vacate the property the following appliances to which they might otherwise have a claim under earlier settlement agreements: (a) the refrigerator, (b) the oven, stove and range, and (c) the microwave. See Order Regarding Trustee’s Motion for Order Compelling Turnover of Personal Property filed January 22, 1998 (Docket No. 1495) and Exhibit B, page 5 of 12 to the Trustee’s Memorandum (Docket No. 1410). However, except as to the property listed in this paragraph, the earlier settlement is unaffected and unchanged.
5. The Trustee releases Steve A. Bonham of all claims of the Trustee against Steve A. Bonham relating to the property. The Trustee will execute a suitable release of claims if Steve A. Bonham requires him to do so.
6. The settlement and concessions agreed to by the Bonhams in this Stipulation will not apply if the Trustee fails to pay over to Steve A. Bonham that sum described in Paragraph 3.
7. The Trustee agrees, recognizes and stipulates that the monies to be paid over to Steve A. Bonham under this settlement agreement are proceeds of Steve A. Bonham’s homestead exemption and equitable interests in the subject property and, so long as those proceeds or the products of them are held by him, they are exempt from levy and execution by the Trustee.
8. The Bonhams, if they wish and with no requirement that they do so, may on three (3) days written notice to the Trustee vacate and surrender the property to the Trustee at any time prior to the closing of any sale of the property. Until the Bonhams vacate and surrender the property to the Trustee, the Bonhams will remain liable for the rental payment obligations to Alaska USA Federal Credit Union.
9. Provided the Bonhams meet the other terms and conditions of this stipulation, the Trustee will surrender any claims against the Bonhams or either of them individually for unpaid fines and sanctions imposed upon them in this adversary action.
10. This settlement is a part of a global settlement between the Trustee and Steve A. Bonham. By the terms of the global settlement, the Trustee and Steve A. Bonham intend to settle and resolve all open issues between them. Steve A. Bonham and the Trustee pledge themselves to work to obtain court approval of that global settlement. However, if the court fails to grant approval of that global settlement, it shall not affect this settlement in this adversary proceeding, and this settlement shall not be affected or impaired.
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DATED at Fairbanks, Alaska this ____ day of June, 1998. |
/s/ Larry D. Compton, |
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DATED at Fairbanks, Alaska this ____ day of June, 1998. |
/s/ Steve A. Bonham, |
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DATED at Fairbanks, Alaska this ____ day of June, 1998. |
/s/ Raejean S. Bonham, |
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