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Maryland

Tidewater Fin. Co. v. Williams

Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
Ruling: 
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
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In re Brown

The bankruptcy court issued a show cause order why a foreclosure sale conducted by the substitute trustee under the deed of trust should not be found void as a violation of the automatic stay, where the sale was conducted with knowledge of the bankruptcy filing, after the petition date and before dismissal, where the debtor was subsequently found to be ineligible for bankruptcy relief pursuant to 11 U.S.C. § 109(h).
Ruling: 
Foreclosure sale was held void since it violated automatic stay in place before case was dismissed for debtor's failure to meet section 109(h) requirements.
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In re Bateman

In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.
Ruling: 
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
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In re Muhaimin

Secured creditors that held interests in the residential real estate of three debtors, each moved for relief from the automatic stay and for relief under 11 U.S.C. § 362(d)(4), on the basis that the debtor in each case, and their codebtors, had used multiple bankruptcy filings to frustrate foreclosure sales on their residences. A creditor also prayed for the imposition of an equitable servitude on one debtors'property under Maryland case law.
Ruling: 
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
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French v. Peninsula Bank (In re French)

Appellant debtor appealed from an order of bankruptcy court, which granted appellee creditor's motion for summary judgment denying debtor a discharge in bankruptcy. The bankruptcy court held that summary judgment was proper under both 11 U.S.C. § 727(a)(3) (failure to maintain rec and ds).
Ruling: 
Debtor was denied discharge for failure to maintain adequate records and for making false statements, and the bankruptcy court did not err in refusing to give credence to the debtor's claim of mental impairment.
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In re Mark

Debtor individual filed for chapter 13 bankruptcy protection. Debtor then moved to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The bankruptcy court held a hearing on the motion.
Ruling: 
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
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In re West

A secured creditor filed a motion to allow untimely filing of a proof of claim in a debtor's chapter 13 case, arguing that as it had not been listed on the debtor's schedules, it had not received timely notice of the bankruptcy filing.
Ruling: 
Debtor's pre-petition county property taxes were not dischargeable since the taxes were not listed in the debtor's chapter 13 plan.
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In re Estate of Roberts

In petitioner individual's capacity as executor of a decedent's estate, petitioner filed a chapter 13 petition on behalf of a decedent's probate estate
Ruling: 
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
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Chelsea Woods Condo. v. Okupe (In re Okupe)

Movant creditor filed a request for an order to terminate or annul the automatic stay of 11 U.S.C. § 362(a) in order to consummate a foreclosure sale of respondent debtor's condominium unit.
Ruling: 
Creditor's motion to terminate automatic stay was granted since evidence showed a foreclosure sale on the debtor's condo occurred prior to filing.
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Guaranty Residential Lending Inc. v. Koep (In re Koep)

Plaintiff creditor filed a complaint against defendant debtor seeking a determination that certain debts allegedly owed to it by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The creditor filed a motion for partial summary judgment
Ruling: 
Creditor was denied partial summary judgment regarding nondischargeablity issue despite debtor misrepresentations because the creditor failed to demonstrate justifiable or reasonable reliance on the misrepresentations.
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