1. |
EDUCATIONAL CREDIT MANAGEMENT CORPORATION ["ECMC"]. The amount of
$93,520 due from Townsend to ECMC is not discharged in Townsend's
Chapter 7 bankruptcy proceeding and will accrue interest at the rate of
8.25% per annum from February 11, 1999. Townsend shall make payments to
ECMC as follows: |
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7 ABR 45
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a. |
Commencing April 1, 2000, Townsend shall make monthly
payments of $732.90 to ECMC for the period April 1, 2000 through August
31, 2000; |
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b. |
Commencing September 1, 2000 and continuing through March 31, 2001,
Townsend shall make monthly payments of $182.00 to ECMC;
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c. |
Commencing April 1, 2001 and continuing through June 1, 2001, Townsend
shall make monthly payments of $322.00 to ECMC; |
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d. |
Subject to the provisions of ¶ 5, commencing July 1, 2001 and continuing
through March 31, 2015, Townsend shall make monthly payments of $876.40
to ECMC; |
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e. |
Subject to the provisions of subparagraph 1(g), if not sooner paid,
the entire balance due to ECMC, including principal and interest, shall
be due on or before March 1, 2015; |
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f. |
So long as Townsend meets the payment schedule set forth herein, ECMC
may take no action to execute on this judgment, however, if any payment
is not received by ECMC within twenty (20) days from its due date,
ECMC may immediately take all necessary action to enforce the Judgment;
and |
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g. |
Provided Townsend meets the payment schedule set forth herein and makes
all payments to ECMC as scheduled in this judgment, or as modified, up
or down pursuant to ¶¶ 5 and 8, with the approval of ECMC, any balance
remaining due on March 31, 2015 shall be deemed discharged. |
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2. |
THE EDUCATIONAL RESOURCES INSTITUTE ["TERI"]. The amount of $18,143.44
due from Townsend to TERI is not discharged in Townsend's Chapter
7 bankruptcy proceeding and will accrue interest at the rate of 8.25% per
annum from February 11, 1999. Townsend shall make payments to TERI
as follows: |
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a. |
Commencing April 1, 2000, Townsend shall make monthly payments of
$146.58 to TERI for the period April 1, 2000 through August 1, 2000; |
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b. |
Commencing September 1, 2000 and continuing through March 31, 2001,
Townsend shall make monthly payments of $36.40 to TERI; |
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c. |
Commencing April 1, 2001 and continuing through June 30, 2001, Townsend
shall make monthly payments of $64.40 to TERI; |
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7 ABR 46
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d. |
Subject to the provisions of ¶ 5, commencing July 1, 2001 and continuing
through March 1, 2015, Townsend shall make monthly payments of $175.28 to
TERI; |
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e. |
If not sooner paid, the entire balance due to TERI, including principal
and interest shall be due on or before March 1, 2015; |
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f. |
So long as Townsend meets the payment schedule set forth herein, TERI
shall take no action to execute on this judgment, however, if any payment
is not received by TERI within twenty (20) days from its due date,
TERI may immediately take all necessary action to enforce the Judgment;
and |
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g. |
Provided Townsend meets the payment schedule set forth herein and makes
all payments to TERI as scheduled in this judgment, or as modified, up or
down pursuant to ¶¶ 5 and 8, with the approval of TERI, any balance
remaining due on March 31, 2015 shall be deemed discharged. |
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3. |
ALASKA COMMISSION ON POST SECONDARY EDUCATION ["ACPE"]. The amount of
$21,327.60 due from Townsend to ACPE is not discharged in Townsend's
Chapter 7 proceeding and will accrue interest at the rate of 8.25% per
annum from February 11, 1999. Townsend shall make payments to ACPE as
follows: |
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a. |
Payments totaling $2,010.24 for the period April 1, 2000 through March 1,
2001, and, subject to ¶ 5, payments totaling $2,403.84 for each twelve-month
period commencing April 1, 2001 and ending on March 1, 2015; |
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b. |
Townsend to file for each Alaska Permanent Fund Dividend ("PFD") on or
before February 28 of each year, and may not assign or alienate the
proceeds of the PFDs for any other purpose or creditor other than ACPE; |
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c. |
Townsend shall provide ACPE with proof of his filing by February 28 of each
year; |
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d. |
To the extent ACPE receives less than $2,010.24 from Townsend's 2000 PFD,
Townsend will pay the difference to ACPE on or before December 1, 2000; |
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e. |
Subject to the provisions of ¶ 5, to the extent ACPE receives less than
$2,403.84 from each of Townsend's PFD's for years 2001 through 2015,
Townsend will pay the difference to ACPE on or before December 1, of each
such year; |
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f. |
Should Townsend have his PFD proceeds attached or diverted in some manner
or should otherwise the funds become unavailable to ACPE or not paid
7 ABR 47
directly to ACPE from the Permanent Fund Dividend Division, Townsend will
pay to ACPE the amount of $2,010.24 by December 1, 2000, and, subject to
the provisions of ¶ 5, the amount of $2,403.84 by December 1 of each year
between 2001 and 2015; |
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g. |
Should Townsend become ineligible to receive a PFD, or the dividend
program be discontinued during the term of this Judgment, Townsend shall
to pay to ACPE the amount of $167.52 per month commencing April 1, 2000
through March 1, 2001, and the amount of $200.32 per month commencing April
1, 2001 through March 1, 2015; |
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h. |
If not sooner paid, the entire balance due to ACPE, including principal
and interest shall be due on or before December 1, 2015; |
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i. |
So long as Townsend meets the payment schedule set forth herein, ACPE may
take no action to execute on this Judgment, however, if any payment is
not received by ACPE within twenty (20) days from its due date,
ACPE may immediately take all necessary action to enforce the Judgment; |
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j. |
Provided Townsend meets the payment schedule set forth herein and makes
all payments to ACPE as scheduled in this judgment, or as modified, up or
down pursuant to ¶¶ 5 and 8, with the approval of ACPE, any balance
remaining due on December 31, 2015 shall be deemed discharged; and |
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k. |
Townsend will be in default to ACPE if he fails to apply for a PFD at a
time when he is eligible to receive such a dividend, or at such time as
either Townsend is not eligible to receive a PFD or ACPE does not receive
his PFD and Townsend has not made the then due equivalent of the payments
set forth in subparagraph 3.a. |
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4. |
USA GROUP. The obligation owed to USA Group, in the approximate amount of
$6,757 is not discharged in the Bankruptcy proceedings. |
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5. |
In the event Townsend extends his existing teaching contract through the
school year 2001-2002, on the same salary basis, Townsend shall make: |
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7 ABR 48
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a. |
Monthly payments for July, August, and September 2001 of |
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(1) |
$876.40 to ECMC, and |
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(2) |
$175.28 to TERI; |
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b. |
Commencing October 1, 2001 through June, 2002 monthly payments of |
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(1) |
$322.00 to ECMC, and |
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(2) |
$64.40 to TERI; and |
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c. |
Payments totaling $2,010.24 to ACPE for the period commencing April 1,
2001 and ending March 31, 2002, provided that to the extent the PFD for
year 2001 is less than $2,010.24, or to the extent ACPE receives less than
$2,010.24 from Townsend's 2001 PFD, Townsend will pay the difference
to ACPE by December 1, 2001.
The terms of this paragraph shall apply only in the event Townsend supplies
a fully executed copy of this 2001 contract to ECMC, TERI and ACPE on or
before August 1, 2001 or within ten (10) days of receipt by Townsend,
whichever is later. |
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6. |
To the extent Townsend's annual PFDs exceed the amount due to ACPE in
any given year, ACPE shall retain all such sums. In the event the
obligation to ACPE is satisfied prior to year 2014, Townsend shall pay all
his PFDs to ECMC and TERI on a pro rata basis (83.33% to ECMC,
16.67% to TERI), until the obligations to those creditors which are not
discharged as provided herein are satisfied in full, or otherwise
discharged pursuant to the terms of this judgment. |
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7. |
Should Townsend suffer a change in circumstances that would make it
impossible for him to make the payments set forth herein, Townsend may
apply directly to ACPE, ECMC, TERI or each of their successors for
deferment or forbearance. |
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8. |
Until such time as all sums due pursuant to this judgment are paid in
full, Townsend shall provide ACPE, ECMC, and TERI with copies of his
employment contracts and tax returns annually. Copies of employment
contracts shall be forwarded to each entity within ten days of execution.
Tax returns shall be forwarded within ten days of the date the returns are
filed with the state of federal government. Should Townsend's financial
circumstances improve materially from his circumstances on the date of the
trial in this matter, February 11, 1999, ACPE, ECMC, and TERI shall have
right to increase the payments due from Townsend, taking into account the
pro rata percentages due the other
7 ABR 49
student loan creditors; however,
in no event will the total amount paid to each creditor exceed the amount
excepted from discharge pursuant to this judgment, including accrued
interest. |
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9. |
Except to the extent otherwise specifically provided in this judgment, the
obligations of Townsend to ECMC, TERI and ACPE are hereby discharged as an
undue hardship pursuant to 11 U.S.C. § 523(a)(8). |
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10. |
Any payment coming due under the terms of this judgment prior to its entry
will be deemed timely made and credited as of the due date if made within
twenty (20) days after entry of this judgment. |
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11. |
Each party to bear its, his, or her own attorney's fees and costs
incurred herein. |