teresa giudice lawsuit against bankruptcy lawyer: filed consent order waiving discharge watermarked
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Teresa Giudice Lawsuit Against Bankruptcy Lawyer: Filed Consent Order Waiving Discharge WatermarkedTRANSCRIPT
Case 10-02150-MS Doc 24 Filed 12/15/11 Entered 12/15/11 15:54:42Page 1 of 4
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEYCapric~n in Compliance with D.N.J. LBR 9Q04-ZQ
UNITED STATES DEPARTi~iENT OF JUSTICE
OFFICE OF THE UNITED STATES TRUSTEE
ROBERTA A. DeANGELISUNITED STATES TRUSTEE, REGION 3
Michael A. Antis, Esquire {MA 4024}
Qne Newark Center, Suite 2140
Newark, NJ 07102Telephone: (973) 645-3014
~aY: (973) 645-5993
In Re:
Giuseppe Giudice andTeresa Giudice,
Debtors.
Roberta A. DeAngelis,United States Trustee,
Plaintiff,
v.
Giuseppe Giudic$ andTeresa Giudice,
Defendants.
Chapter 7
Desc Main
FILEDJ/~MESJ. WAI.DRQN, CLERK
QEC 15 2011
11.S. BAi+lf4~UPTCY COURT
BY,~S~~''d~. DEPUTY
Case No.: 09-39032(MS)
Hearing Date:
Adv. Pro. No.: 10-215Q (MS)
Judge: The Honorable Morris Stern
CONSENT ORDER WAIVING DISCHARGE OF TERESA GIUDICI~
The relief set forth on the following pages, numbered two through six is hereby ORDERED.
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Case 10-02150-MS Doc 24 Filed 12/15/11 Entered 12/15/11 15:54:42 Desc Main
(Page 2} Document Page 2 of 4
Debtor/Gefendant: Teresa Giudice
Chapter ?Case No.:09-39032(MS)
Adv. Pro. No.: 10-0215Q(MS)Consent Order Waiving Discharge Of Teresa Giudice
THIS MATTER having been opened to the Court by tl~e United States Ilepartment of Justice, taffice of
the United States Trustee, Roberta A. DeAngelis, the United States Trustee {the "United States Trustee"), by
and through her counsel, Michael A. Artis, Esquire; and the Defendant Teresa Giudice
{the "Defendant'°), by and through her counsel, The Kridel Law Group, {James A. Kridel, Jr.,); and;
WHEREAS, the United States Trustee, and the Defendant present this consent order ("Consent Order")
captaining their acknowledgments and the tez~ms of their accord resolving and settling issues pertaining the
United States Trustee's complaint objecting to the discharge pursuant to 28 U.S.C. § 58b, 11 U.S.C. §§727
(a){~)(A), (a)(2){A), (a){2)(B), (a)(3), and (a)(5); and
VVVHEREAS, the United States Trustee, and the Defendant respectfully request the Court accept,
approve, and enter this Consent t~rder denying the Defendant a chapter 7 discharge, for all debts she incureed
up to and including October 29, 2009, the date the instant voluntary joint chapter 7 petition was filed; and
WHEREAS, the United States Trustee, and the Defendant respectfully request that upon ~~~~~~of the
Consent Order, that the adversary proceeding that was filed on September 2, 2010, be closed; and
WHEREAS, the United States Trustee, and the Defendant, by and through the undersigned counsel,
present to the Court this Consent Order in efforts to prarnote judicial economy, and to avoid the costs and risks
of litigation; and
WHEREAS, this matter having been consensually agreed upon by and between the parties, and for good
cause shown.
[Remainder of Page Intentionally .Blank]
[Acknowledgments Follow on Next Page
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Case 10-02150-MS Doc 24 Filed 12/15/11 Entered 12/15/11 15:54:42 Desc Main
p ~ Document Page 3 of 4~ age )DebtorlDefendant: Teresa Giudice
Chapter 7 Case No.:09-39032(MS)
Adv. Pro. No.; 1002 t S0(MS}
Consent Order Waiving Discharge Of Teresa Giudice
ACKNOWLEDGMENTS
The Defendant acknowledges that through The Kridel Law Group, James A. Kridel, Jr., Esquire,
she and her spouse caused a voluntary joint chapter ?bankruptcy petition to be filed in the
UII1tCd States Bari1CPUj7iC~ LOUD[ TOY Y'1'1~ L1ISi~lGi Gi i3~iN .iii SEy vii va^~if)~'i~.i ~~~ ~n~.4~ t'.nr~yr
bankruptcy case number 09-39032(MS); and
2. The Defendant acknowledges that the United States Trustee filed Adversary Proceeding No. 10-
021 SO(MS) ("Adversary Proceeding") against her on September 2, 20 i 0, seeking to bar and
deny his chapter 7 discharge under the provisions of 1 I U.S.C. §§ 727 (a){4){A), (a)(2)(A),
(a)(2)(B), (a}(3), and {a)~5); and
3. The Defendant acknowledges her desire to resolve the Adversary Proceeding without the need
for further inquiry or Litigation, and without her making any further admissions; and
4. The Defendant acknowledges after consultation with her counsel, she has chosen to waive her
chapter 7 discharge.
TERMS
For good cause shown, it is ORDERED that:
a. The Defendant Teresa Giudice shat! be denied a chapter 7 discharge, pursuant to 11 U.S.C. § 727
(a)(10), for those debts incurred up to and including October 29, 2009, including those listed on
Schedule F of her chapter 7 petition, and all subsequent amendments.
b. 'The Defendant Teresa Giudice further waives all right to appeal the entry of this Consent Order,
and the denial of her bankruptcy discharge.
c. Upon the entry of this Consent order, the Adversary Proceeding shall be closed.
d. Should the Defendant or the Court reject this Consent Order for any reason, the parties shall be
free to litigate the merits of the case as they see fit.
e. The parties acknowledge and agree that this Consent Order contains the entire agreement
between the parties.
f. The parties further acknowledge and agree that the United States Trustee has not made, and/or
given any other representations, promises, inducements, or rewards, ana/or given or promised tt~
give any other consideration of any kind whatsoever to the Defendant or anyone else an her
behalf in exchange for the Defendant's consent to the entry flf this Consent Order.
g. Tha parties further acknowledge and agree that this Consent Order resolves the adversary
proceeding between the United Stags Trustee and Teresa Giudice, and if any further legal
proceedings, claims, oz disputes arise between Teresa Giudice and any non-party, Teresa
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Case 1Q-02150-MS Doc 24 Filed 12/15/11 Entered 12/15/11 15:54:42 Desc MainDocument Page 4 of 4
{Page 4)Debtor/Defendant: Teresa GiudiceChapter 7 Case No.:09-34032(MS)Adv. Pra. No.: 1 Q-a2150(MS)Consent Order Waiving DEscharge Of Teresa Giudice
Giudice may move before the Bankruptcy Court to transfer the case to the
state court of competent jurisdiction if the Bankruptcy Court determines that the transfer is in
the interest of justice or the convenience of the parties, or the proceedings are not care
proceedings.
SIGNATURES
The form and entry of the Order is hereby acknowledged and agreed to:
Dated: December 5, 2011 By: /s/Teresa GdudiceTeresa Giudice, Defendant
The Kridel Law Group
Attorneys far Defendants
Dated: December S, 2011 By: /s/James ~I. Kridel .Ir.
James A. Kride(, Jr., Esquire
Without Objection:
Roberta A. DeAngelis,
United States Trustee
Regian 3
Dated: December 7, 2011 By: /slMzchael A. Artie
Michael A. Artie
Trial AttorneyAll
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Case 10-02150-MS Doc 24-1 Filed 12/15/11 Entered 12/15/11 15:54:42 DescNotice of Order Entry Page 1 of 1
Form order — ntcorder
UNITED STATES BANKRUPTCY COURT
District of New JerseyMLK Jr Federal Building50 Walnut StreetNewark, NJ 07102
In Re: Giuseppe Giudice and Teresa GiudiceLGU~~Jl
Case No.: 09-39032—MSChapter 7
Roberta A. DeAngelisPlaintiff
v.
Teresa GiudiceDefendant
Adv. Proc. No. 10-02150—MS Judge: Morris Stern
NOTICE OF JUDGMENT OR ORDERPursuant to Fed. R. Bankr. P. 9022
Please be advised that on December 15, 2011, the court entered the following judgment or order on the court'sdocket in the above—captioned case:
Document Number: 24 — 22Consent Order Waiving Discharge of Teresa Giudice (Related Doc # 22). The following parties were served:Plaintiff, Plaintiffs Attorney, Defendant, Defendant's Attorney. Signed on 12/15/2011. (rah)
Parties may review the order by accessing it through PACER or the court's electronic case filing system(CM/ECF). Public terminals for viewing are also available at the courthouse in each vicinage.
Dated: December 15, 2011
JJW: rah
James J. WaldronClerkA
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Case 10-02150-MS Doc 23 Filed 12/07/11 Entered 12/07/11 17:03:45 Desc MainDocument Page 1 of 2
UNITED STATES DEPARTMENT OF JUSTICEOFFICE OF THE UNITED STATES TRUSTEEROBERTA A. DeANGELISUNITED STATES TRUSTEE, REGION 3Michael A. Artis, Esquire (MA 4024)One Newark Center, Suite 2100Newark, NJ 07102Teiepnone: (y73 j 645-su i 4Fax: (973) 645-5993
UNITED STATES BANKRUPTCY COURTDISTRICT OF NEW JERSEY
In re:
Giuseppe Giudice andTeresa Giudice,
Debtors.
Roberta A. DeAngelis,United States Trustee,
Plaintiff,
v.
Giuseppe Giudice andTeresa Giudice,
Defendants.
Chapter 7
Case No. 09-39032 (MS)
Adversary No. 10-2150 (MS)
The Honorable Morris Stern
CERTIFICATE OF CONSENT REGARDING CONSENT ORDER WAIVINGDISCHARGE OF TERESA GIUDICE
I HEREBY CERTIFY that with respect to the copy of the captioned Consent Order
submitted to the Court, the following conditions have been met:
(a) The terms of the copy of the consent order submitted to the Court are identical to those set
forth in the original consent order;
(b) The signatures represented by the /s/ on the copy of the consent order submitted to the Court
reference the signatures of consenting parties obtained on the original consent order;
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Case 10-02150-MS Doc 23 Filed 12/07/11 Entered 12/07/11 17:03:45 Desc MainDocument Page 2 of 2
(c) I will retain the original consent order for a period of seven years from the date of closing of
the case or adversary proceeding;
(d) I will make the original consent order available for inspection upon the request of the Courtor any party in interest; and
(e) I will simultaneously electronically file this certification with the Court, by use of my login
anp passwora, tnereny signing same for ail purposes including inose under red.~.isankr.r yvi i.
/s/ Michael A. ArtisMichael A. Artis
Dated: December 7, 2011A
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