HTML Document View

Full title: Stipulation and Order signed on 10/22/2021 Resolving Proof of Claim of Thomas Jolly (Claim No. 20405). (related document(s)[3476]) (Rodriguez, Willie)

Document posted on Oct 21, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

The Wind Down Estates, along with the last four digits of their federal tax identification number, as applicable, are Ditech Holding Corporation (0486); DF Insurance Agency LLC (6918);Ditech Financial LLC (5868); Green Tree Credit LLC (5864); Green Tree Credit Solutions LLC (1565); Green Tree Insurance Agency of Nevada, Inc. (7331); Green Tree Investment Holdings III LLC (1008); Green Tree Servicing Corp. (3552); Marix Servicing LLC (6101); Walter Management Holding Company LLC (9818); and Walter Reverse Acquisition LLC (8837).The Wind Down Estates’ principal offices are located at 2600 South Shore Blvd., Suite 300, League City, TX 77573 2 The Consumer Representative under the Third Amended Plan acts as the Consumer Claims Trustee on behalf of the Ditech Holding Corporation Consumer Creditor Recovery Trust (the “Consumer Trust”), established pursuant to the Third Amended Plan in the above-captioned bankruptcy cases.Wind Down Estates, has exclusive authority to object to all Administrative Expense Claims, Priority Tax Claims, Priority Non-Tax Claims, and Other Secured Claims; (ii) the GUC Recovery Trustee, on behalf of the GUC Recovery Trust, has the exclusive authority to object to all General Unsecured Claims; and (iii) the Consumer Representative has the exclusive authority to object to all Consumer Creditor Claims.On June 12, 2020, the Consumer Representative filed the Twenty-Fifth Omnibus Claims Objection to Proofs of Claim (Insufficient Legal Basis Unsecured Consumer Creditor Claims) (ECF No. 2544)

List of Tables

Document Contents

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : In re : Chapter 11 : DITECH HOLDING CORPORATION, et al., : Case No. 19-10412 (JLG) : Debtors.1 : (Jointly Administered) : Related Docket Nos. --------------------------------------------------------------- X 2544, 3476, 3499 STIPULATION AND ORDER RESOLVING PROOF OF CLAIM NO. 20405 This stipulation (the “Stipulation”) is made and entered into between the Consumer Representative,2 and Thomas Jolly (the “Claimant” and together with the Consumer Representative, the “Parties”). The Stipulation resolves Proof of Claim No. 20405 by allowing the claim as indicated below. A. On February 11, 2019, Ditech Holding Corporation (f/k/a Walter Investment Management Corp.) and certain of its affiliates (collectively, the “Debtor”) each commenced with this Court a voluntary case under chapter 11 of title 11 of the United States Code. 1 On September 26, 2019, the Court confirmed the Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1404) (the “Third Amended Plan”), which created the Wind Down Estates. The Wind Down Estates, along with the last four digits of their federal tax identification number, as applicable, are Ditech Holding Corporation (0486); DF Insurance Agency LLC (6918); Ditech Financial LLC (5868); Green Tree Credit LLC (5864); Green Tree Credit Solutions LLC (1565); Green Tree Insurance Agency of Nevada, Inc. (7331); Green Tree Investment Holdings III LLC (1008); Green Tree Servicing Corp. (3552); Marix Servicing LLC (6101); Walter Management Holding Company LLC (9818); and Walter Reverse Acquisition LLC (8837). The Wind Down Estates’ principal offices are located at 2600 South Shore Blvd., Suite 300, League City, TX 77573 2 The Consumer Representative under the Third Amended Plan acts as the Consumer Claims Trustee on behalf of the Ditech Holding Corporation Consumer Creditor Recovery Trust (the “Consumer Trust”), established pursuant to the Third Amended Plan in the above-captioned bankruptcy cases.

1

B. On September 26, 2019, the Court confirmed the Debtors’ Third Amended Plan. Under the Third Amended Plan, (i) the Plan Administrator, on behalf of each of the Wind Down Estates, has exclusive authority to object to all Administrative Expense Claims, Priority Tax Claims, Priority Non-Tax Claims, and Other Secured Claims; (ii) the GUC Recovery Trustee, on behalf of the GUC Recovery Trust, has the exclusive authority to object to all General Unsecured Claims; and (iii) the Consumer Representative has the exclusive authority to object to all Consumer Creditor Claims. C. Claimant filed Proof of Claim No. 20405 asserting an unsecured claim for $13,000.00 on April 1, 2019. D. On June 12, 2020, the Consumer Representative filed the Twenty-Fifth Omnibus Claims Objection to Proofs of Claim (Insufficient Legal Basis Unsecured Consumer Creditor Claims) (ECF No. 2544) (the "Objection"), which included an objection to Proof of Claim No. 20405. E. The Parties have negotiated a settlement of with respect to Proof of Claim No. 20405. F. The Consumer Representative has determined that entering into this Stipulation is in the best interests of the Consumer Trust, the Consumer Trust’s constituents, the Debtors, and other interested parties. G. The Parties stipulate and agree that Proof of Claim No. 20405: (a) shall be and hereby is allowed in the amount of $13,000.00 as a Class 6 Consumer Creditor Claim and (b) is a not a 363(o) Claim (as defined in the Third Amended Plan). H. Claimant understands that claim distributions will be paid in the order specified by the Third Amended Plan and that the claim may be paid on a pro rata basis.

2

I. The money damages awarded to Claimant represent the actual amount in dispute and are designated as a legal, compensatory remedy for monetary loss and/or related attorney fees. J. The terms of this Stipulation shall be deemed to fully resolve any and all claims (as defined in section 101(5) of the Bankruptcy Code) that the Claimant asserts or may have against the Debtors, their estates, and the Consumer Trust. K. The parties agree to take any and all actions necessary to comply with the terms of this agreement. L. This Stipulation constitutes the entire agreement between the parties regarding the matters addressed herein. The Stipulation supersedes all prior and current discussions, negotiations, understandings and agreements, whether oral or written, express or implied, between the Parties. M. This Stipulation may only be modified by written agreement of both parties or pursuant to an order of the Bankruptcy Court. N. The Bankruptcy Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, and/or enforcement of this Stipulation. [Signature page follows]

3

Dated: June 24, 2021 New York, New York CONSENTING PARTY CONSENTING PARTY /s/ Richard Levin /s/ Nicholas Vidoni JENNER & BLOCK LLP Nicholas Vidoni 919 Third Avenue Vidoni Law PLLC New York, NY 10022 959 N. Cocoa Blvd., Ste. 5 Telephone: (212) 891-1600 Cocoa, FL 32922 Facsimile: (212) 891-1699 Telephone: (321) 735-7737 Richard Levin vidoni@vidonilaw.com rlevin@jenner.com Attorney for Thomas Jolly Attorneys for Consumer Representative SO ORDERED, October 22, 2021 James L. Garrity, Jr. /s/ THE HONORABLE JAMES L. GARRITY, JR. UNITED STATES BANKRUPTCY JUDGE

4