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District of maryland

In re Bateman

May
01
2006
Ruling
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
Procedural posture

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.

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opinion summary, case decided on May 01, 2006 , LexisNexis #0706-083
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In re Muhaimin

Apr
26
2006
Ruling
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
Procedural posture

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.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-003
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French v. Peninsula Bank (In re French)

Feb
21
2006
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.
Procedural posture

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).

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opinion summary, case decided on February 21, 2006 , LexisNexis #0306-061
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In re Mark

Jan
23
2006
Ruling
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
Procedural posture

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.

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opinion summary, case decided on January 23, 2006 , LexisNexis #0206-056
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In re West

Oct
12
2005
Ruling
Debtor's pre-petition county property taxes were not dischargeable since the taxes were not listed in the debtor's chapter 13 plan.
Procedural posture

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.

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opinion summary, case decided on October 12, 2005 , LexisNexis #0106-034
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In re Estate of Roberts

Aug
16
2005
Ruling
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
Procedural posture

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

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-005
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Chelsea Woods Condo. v. Okupe (In re Okupe)

Aug
11
2005
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.
Procedural posture

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.

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opinion summary, case decided on August 11, 2005 , LexisNexis #0106-074
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Guaranty Residential Lending Inc. v. Koep (In re Koep)

Aug
01
2005
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.
Procedural posture

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

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opinion summary, case decided on August 01, 2005 , LexisNexis #0106-048
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