File: LVCrt-19
United States Bankruptcy Court
Northern District of California
Chapter 7 Case No. 91-34251TC
In Re: Anton LaVey, Debtor
SUPPLEMENTAL STIPULATION REGARDING PAYMENT OF CLAIMS
AND CLOSURE OF CASE, AND ORDER THEREON
Filed: May 24, 1993
Anton Szandor LaVey having commenced a case under Chapter 11
of the
Bankruptcy Code on October 18, 1991; the case having been
converted
to Chapter 7 on June 23, 1992, and Charles E. Sims having been
appointed Chapter 7 Trustee for the Debtor's estate; a bar date
for
filing claims having been set in this case for December 2, 1992;
Diane Hegarty having been the only creditor to file a claim in
this
case and having been the only creditor listed in the Debtor's
schedules; Diane Hegarty, the Debtor, the Chapter 7 Trustee and
the
United States Trustee having reached an agreement regarding the
satisfaction of the sole claim against the Debtor, the payment of
administrative expenses (including the Chapter 7 Trustee's fees
and
expenses and the fees and expenses of professionals employed by
the
Chapter 7 Trustee) and the closure of this Chapter 7 case; the
Chapter 7 Trustee and his professionals having prepared
applications
for payment of fees and expense reimbursements; the Chapter 7
Trustee having closed the sale of the property located at 6114
California Street, San Francisco, California (the "Property");
the
parties having entered into a Stipulation Regarding Payment of
Claims and Closure of Case, and Order Thereon; and the parties
having agreed to modify certain aspects of the Stipulation
Regarding
Payment of Claims and Closure of Case, and Order Thereon as set
forth below; accordingly, it is
STIPULATED that this case shall not be closed until the
Chapter 7
Trustee has prepared and filed an estate tax return pertaining to
the sale of the Property and has requested an early determination
of
the tax return in accordance with Section 505 of the Bankruptcy
Code; and it is further
STIPULATED that the Chapter 7 Trustee's appointed accountants
shall
be entitled to file an application for compensation for services
rendered regarding the matters set forth in the preceding
paragraph
and have the application resolved either by stipulation or
hearing
on notice to interested parties; and it is further
STIPULATED that Geary, Shea, O'Donnell & Grattan, the
Chapter 7
Trustee's counsel, shall have the right to file an application
for
allowance and payment of additional fees and expenses in the
event
the compensation counsel receives pursuant to the original
stipulation is less than the total compensation to which counsel
believes it is entitled at the time the case is ready to be
closed;
and it is further
STIPULATED that the Debtor's attorney, Scott I. Bassin, shall
receive the sum of Ten Thousand Dollars ( $10,000.00) upon entry
of
the original stipulation and shall receive the additional $5,000.00
of agreed compensation as set forth in the original stipulation
at
such time as the tax matters are completed and the case is ready
to
be closed; and it is further
STIPULATED that the payments and assignments to Diane Hegarty
as set
forth in the original stipulation shall be made immediately after
all tax matters are resolved and all of the above-described
administrative claims are adjudicated and paid; and it is further
STIPULATED that except as modified herein, the terms and
provisions
of the original Stipulation Regarding Payment of Claims and
Closure
of Case, and Order Thereon, shall remain in full force and
effect;
and it is further
STIPULATED that this Stipulation may be executed in
counterparts;
and it is further
STIPULATED that by their signatures hereto, counsel for
interested
parties, Diane Hegarty, Anton Szandor LaVey, Charles E. Sims, and
the United States Trustee warrant and represent that they are
authorized to execute the stipulation on their clients' behalf.
Dated: May 7, 1993
/s/ Elizabeth Benford
Elizabeth Benford
Attorney for Diane Hegarty
Dated: May 6, 1993
/s/ Scott I. Bassin
Scott I. Bassin
Attorney for Anton Szandor LaVey
Dated: May 11, 1993
GEARY, SHEA, O'DONNELL & GRATTAN
/s/ Steven M. Olson
Attorneys for Charles E. Sims,
Chapter 7 Trustee for the Estate of Anton Szandor LaVey
Dated: May 17, 1993
Subject to receipt of U.S Trustee funds for second quarter of
1992
and final account prior to case closing:
/s/ Jeannie Coltrane Lightsey
Jeannie Coltrane Lightsey
Attorney for the United States Trustee
IT IS SO ORDERED:
Dated: May 20, 1993
/s/ Thomas E. Carlson
Thomas E. Carlson
United States Bankruptcy Judge