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Judge Schneider

Council of Unit Owners of the 100 Harborview Drive Condo., In re

Ruling: 
Plan confirmation denied where broad releases of nondebtors would restrict unit owners' access to condominum courts. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on June 09,2017, LexisNexis #0717-053

In re Buckley

Ruling: 
Claim of exemption of real property allowed as the exemption survived the death of debtor'snon-filing cotenant spouse. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on December 29,2016, LexisNexis #0217-006

In re Alder

Ruling: 
Creditor’s action for breach of prepetition guaranty violated the discharge injunction. (Bankr.D. Md.)
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Consumer case opionion summary, case decided on October 13,2016, LexisNexis #1116-051

Guzik v. Ford Motor Credit Co. LLC (In re Guzik)

Ruling: 
Garnishment lien that attached within 90 days of petition date was avoidable as preferential.
ABI Membership is required to access the full summary of Guzik v. Ford Motor Credit Co. LLC (In re Guzik). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 21,2016, LexisNexis #0416-059

Hessler v. Maryland (In re Hessler)

Ruling: 
Enforcement of state ordered restitution did not violate discharge injunction.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-090

In re Panache Cuisine LLC

Ruling: 
Approval of settlement denied as terms were not properly noticed and disclosed and one party had repudiated term beneficial to estate.
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Commercial case opionion summary, case decided on September 23,2013, LexisNexis #1013-070

Dipasquale v. Cramer (In re Cramer)

Plaintiff creditors filed an adversary proceeding against defendant debtor, asserting that his debt was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and seeking attorneys' fees and other costs. Third party defendant was the creditors' daughter, debtor's former wife. The matter was before the court for a consent order.
Ruling: 
Settlement of claim based on debtor's admittedly false representations was nondischargeable.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-049

Smith v. Frock (In re Frock)

Plaintiff creditors filed complaints against defendant Chapter 7 debtors seeking to have a Florida judgment declared to be nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and/or (a)(6).
Ruling: 
State court judgment based on fiduciary defalcation was nondischargeable.
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Consumer case opionion summary, case decided on April 14,2011, LexisNexis #0511-055

In re Fieldstone Mortg. Co.

In this chapter 11 case, the debtor rejected an executory software licensing and servicing agreement prior to plan confirmation. The software licensor filed an administrative claim, to which the plan trustee objected.
Ruling: 
Software licensor not entitled to administrative expense claim for breach of contract where debtor rejected contract signed by its parent.
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Commercial case opionion summary, case decided on March 22,2010, LexisNexis #0710-010

Guttman v. Fabian (In re Fabian)

The trustee of a corporation that was in chapter 11 bankruptcy, filed an adversary proceeding against defendant, a chapter 7 debtor who had been the corporation's controlling party, seeking a judgment that the debtor owed the corporation a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor filed a motion to dismiss or, in the alternative, for summary judgment.
Ruling: 
Debt based on debtor's fraud conviction held nondischargeable in proceeding brought by trustee.
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Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-090

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