Maryland

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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