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UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION

In re: Chapter 13 Simeon Moreno, Case No. 08-17715-FJB Debtor DEBTORS MOTION TO ENFORCE SETTLEMENT AGREEMENT NOW comes the Debtor, Simon Moreno (hereinafter Debtor), and hereby moves, for judicial intervention in the above referenced bankruptcy proceedings to enforce his settlement agreement with Lehman Brothers Holdings, Inc. (hereinafter Lehman). In support hereof, the Debtor states as follows: 1. Up until approximately March 28, 2011 the Debtor had been engaged in

discovery for the purpose of defending against PAMs Renewed Motion for Relief From Stay (hereinafter Motion). 2. On or about March 28, 2011, the Debtor entered into a binding tentative

settlement agreement with Lehman that had the effect of resolving the Motion, Lehmans Proof of Claim 2-1, and the Debtors claims against Lehman, Property Asset Management, Inc. (hereinafter PAM), Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), and Litton Loan Servicing LP (hereinafter Litton) that he asserts in a related Adversary Proceeding.1 See Moreno v Property Asset Management, Inc., Mass. Adv. Case. No. 09-01378.

Lehman is the entity that filed Proof of Claim 2-1 (through its servicer) and that Claim is the basis for the Motion. PAM, not Lehman, is the entity that is seeking to foreclose pursuant to the Motion.

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On or about March 29, 2011 the Debtor and PAM filed a joint motion to stay the

proceedings on the Motion for the purpose of finalizing and executing a final settlement agreement. 4. On March 31, 2011 the Court granted the parties motion to stay the proceedings

and ordered that the evidentiary hearing be continued generally. 5. The Debtor has exchanged approximately 20 drafts of settlement agreements with

counsel for Lehman, PAM, MERS and Litton over a period of many months. Debtors counsel has met in person with counsel for these parties for the purpose of finalizing settlement terms. In addition, the Debtor himself has met in person with his counsel and has spent hours discussing the terms and changes in terms demanded by the other parties with his attorney.2 Based upon a long course of conduct observed over a period of many months, the Debtor now seriously doubts that Lehman and the other parties have any real intention to finalize a settlement in this case. 6. Pursuant to Rule 9019-1(b) of the Local Rules, the parties must file a signed

stipulation/settlement agreement within seven (7) days after an agreement to settle. 7. Because it is long past time to file an executed settlement agreement under

pertinent Court Rules, and because the Debtor seriously questions that any further effort will finally resolve this matter, he now seeks court intervention, including but not limited to referral to a magistrate judge to enforce the parties settlement agreement, and, if enforcement is unavailable as a remedy, the resumption of proceedings on the Motion in order that this matter may be resolved once and for all. WHEREFORE, the Debtor moves for enforcement of the settlement agreement.

The Debtor speaks only Spanish and all communications take much longer than usual due to the need for translation services when discussing matters with counsel.

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Respectfully submitted, THE DEBTOR, /s/ Sara Discepolo_______ Sara Discepolo, Esq. 550 Cochituate Road, Suite 25 East Wing, Floor Four Framingham, MA 01701 Tel 617-549-4537 BBO # 628721 His Attorney

By:

October 24, 2011 CERTIFICATE OF SERVICE I, Sara Discepolo, state that on this day, October 24, 2011, on behalf of the Debtor, I served a copy of the foregoing on all parties to this action in the following manner: by filing same via the Courts CM/ECF system, generating a Notice of Electronic filing upon the following ECF registered users: R. Briansky, Esq. (representing PAM, Lehman, Litton, and MERS) Carolyn Bankowsky (Chapter 13 Trustee) John Fitzgerald (U.S. Trustee) Michael Van Dam (Bankruptcy Counsel representing the Debtor) Robert G Manson, Esq. (representing GE) N. Salomon, Esq. (representing Harmon) David Reier, Esq. (representing Anson) /s/ Sara Discepolo_______
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