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 IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION

In re: )
)
JOSHUA A. JACOBS )
SSN: XXX-XX-7661 ) Case No. 19-81785-CRJ7
)
Debtor. ) Chapter 7
)
PATSY ALLEN JOHNSON )
)
Plaintiff )
VS. ) AP Case No. 19-80067-CRJ
)
JOSHUA A. JACOBS )
)
Defendant )

ORDER APPROVING MOTION TO APPROVE SETTLEMENT AS TO

NON-DISCHARGEABILITY OF DEBT AND ENTRY OF MONEY JUDGMENT

This matter came before the Court on May 14, 2020 regarding the Stipulation as to non-

dischargeability of Debt and Entry of Final Judgment between Defendant and Debtor, JOSHUA

A. JACOBS (“Jacobs”), and Plaintiff and Creditor, PATSY A. JOHNSON (“Johnson”), and the

Court being fully advised of the premises,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. A final judgment in the amount of $45,000.00 entered in favor of Johnson and

against Jacobs is declared excepted from discharge pursuant to 11 U.S.C. § 523 of the United

States Bankruptcy Code, in this and all future bankruptcy proceedings.

2. This final non-dischargeable judgment shall be payable within forty-eight (48)

months from the date of the first monthly payment of the required minimum monthly installments

of $250.00, which are due on the first day of every calendar month. The first minimum monthly

Case 19-81785-CRJ7 Doc 26 Filed 05/15/20 Entered 05/15/20 10:59:17 Desc Main
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 payment shall be due on and begin August 1, 2020, which is more than ninety (90) days after entry

of this Order. Any and all payments, whether monthly or lump sum, shall be made to Plaintiff’s

counsel.

3. Defendant shall be permitted to pay the final judgment in advance of the payment

schedule, which was specifically bargained for and is expected by the parties in order for Jacobs

to comply with the forty-eight (48) month deadline to satisfy the final judgment. At such time that

Defendant pays the outstanding remaining balance of the final judgment, the balance shall be

reduced by ten percent (10%).

4. Defendant shall inform Plaintiff’s counsel of any changes in his employment within

two weeks of the new hire date until the final judgment balance has been paid in full. In the event

Jacobs moves during the forty-eight (48) month term, he shall inform Plaintiff’s counsel of his

new address within two weeks of said move. Failure to inform Plaintiff’s counsel of any changes

in employment or residence constitutes a default of this agreement and will allow Plaintiff to

collect the remaining balance of the final judgment, along with an additional $52,788.16 from the

original underlying Final Judgment, as the new non-dischargeable final judgment amount.

5. In the event Defendant defaults on this final judgment and fails to make a minimum

monthly payment in the month in which it comes due, and fails to cure such missing payment

within forty-five (45) days, then the remaining balance of the judgment, along with an additional

$52,788.16 from the original underlying Final Judgment, shall be immediately due in full to

Johnson as the new non-dischargeable amount.

6. In the event Jacobs defaults, the parties agree that Plaintiff can pursue all available

collection remedies for both the remaining outstanding balance, along with the additional

Case 19-81785-CRJ7 Doc 26 Filed 05/15/20 Entered 05/15/20 10:59:17 Desc Main
Document Page 2 of 3
 $52,788.16, as a total non-dischargeable debt that is excepted from discharge pursuant to 11 U.S.C.

§ 523 of the United States Bankruptcy Code, in this and all future bankruptcy proceedings.

Dated this the 15th day of May, 2020.

/s/ Clifton R. Jessup, Jr.

Clifton R. Jessup, Jr.
United States Bankruptcy Judge

AGREED and APPROVED FOR ENTRY:

/s/ Sean R. Guy /s/ Nicholas Gajewski

Sean R. Guy, MS Bar No. 100362 Nicholas Gajewski, AL Bar No. 4254-L60G
McCraney Montagnet Quin & Noble, PLLC Bond, Botes, Sykstus, Tanner & McNutt, P.C.

Attorney for Patsy Allen Johnson Attorney for Joshua A. Jacobs

Case 19-81785-CRJ7 Doc 26 Filed 05/15/20 Entered 05/15/20 10:59:17 Desc Main
Document Page 3 of 3
 IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION

In re: )
)
JOSHUA A. JACOBS )
SSN: XXX-XX-7661 ) Case No. 19-81785-CRJ7
)
Debtor. ) Chapter 7
)
PATSY ALLEN JOHNSON )
)
Plaintiff )
VS. ) AP Case No. 19-80067-CRJ
)
JOSHUA A. JACOBS )
)
Defendant )

ORDER APPROVING MOTION TO APPROVE SETTLEMENT AS TO

NON-DISCHARGEABILITY OF DEBT AND ENTRY OF MONEY JUDGMENT

This matter came before the Court on May 14, 2020 regarding the Stipulation as to non-

dischargeability of Debt and Entry of Final Judgment between Defendant and Debtor, JOSHUA

A. JACOBS (“Jacobs”), and Plaintiff and Creditor, PATSY A. JOHNSON (“Johnson”), and the

Court being fully advised of the premises,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. A final judgment in the amount of $45,000.00 entered in favor of Johnson and

against Jacobs is declared excepted from discharge pursuant to 11 U.S.C. § 523 of the United

States Bankruptcy Code, in this and all future bankruptcy proceedings.

2. This final non-dischargeable judgment shall be payable within forty-eight (48)

months from the date of the first monthly payment of the required minimum monthly installments

of $250.00, which are due on the first day of every calendar month. The first minimum monthly

Case 19-81785-CRJ7 Doc 26 Filed 05/15/20 Entered 05/15/20 10:59:17 Desc Main
Document Page 1 of 3
 payment shall be due on and begin August 1, 2020, which is more than ninety (90) days after entry

of this Order. Any and all payments, whether monthly or lump sum, shall be made to Plaintiff’s

counsel.

3. Defendant shall be permitted to pay the final judgment in advance of the payment

schedule, which was specifically bargained for and is expected by the parties in order for Jacobs

to comply with the forty-eight (48) month deadline to satisfy the final judgment. At such time that

Defendant pays the outstanding remaining balance of the final judgment, the balance shall be

reduced by ten percent (10%).

4. Defendant shall inform Plaintiff’s counsel of any changes in his employment within

two weeks of the new hire date until the final judgment balance has been paid in full. In the event

Jacobs moves during the forty-eight (48) month term, he shall inform Plaintiff’s counsel of his

new address within two weeks of said move. Failure to inform Plaintiff’s counsel of any changes

in employment or residence constitutes a default of this agreement and will allow Plaintiff to

collect the remaining balance of the final judgment, along with an additional $52,788.16 from the

original underlying Final Judgment, as the new non-dischargeable final judgment amount.

5. In the event Defendant defaults on this final judgment and fails to make a minimum

monthly payment in the month in which it comes due, and fails to cure such missing payment

within forty-five (45) days, then the remaining balance of the judgment, along with an additional

$52,788.16 from the original underlying Final Judgment, shall be immediately due in full to

Johnson as the new non-dischargeable amount.

6. In the event Jacobs defaults, the parties agree that Plaintiff can pursue all available

collection remedies for both the remaining outstanding balance, along with the additional

Case 19-81785-CRJ7 Doc 26 Filed 05/15/20 Entered 05/15/20 10:59:17 Desc Main
Document Page 2 of 3
 $52,788.16, as a total non-dischargeable debt that is excepted from discharge pursuant to 11 U.S.C.

§ 523 of the United States Bankruptcy Code, in this and all future bankruptcy proceedings.

Dated this the 15th day of May, 2020.

/s/ Clifton R. Jessup, Jr.

Clifton R. Jessup, Jr.
United States Bankruptcy Judge

AGREED and APPROVED FOR ENTRY:

/s/ Sean R. Guy /s/ Nicholas Gajewski

Sean R. Guy, MS Bar No. 100362 Nicholas Gajewski, AL Bar No. 4254-L60G
McCraney Montagnet Quin & Noble, PLLC Bond, Botes, Sykstus, Tanner & McNutt, P.C.

Attorney for Patsy Allen Johnson Attorney for Joshua A. Jacobs

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