Maryland

United States v. Sieber (In re Sieber)

United States Trustee brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a) and alleging that the debtor concealed and transferred assets, failed to produce adequate records, and made false oaths in the bankruptcy case.
Ruling: 
Discharge denied due to concealment and transfer of assets, failure to produce records and false oaths.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-062

In re Martise

The United States Trustee filed a motion to disgorge an excessive bankruptcy petition preparer fee pursuant to 11 U.S.C.S. § 110(h)(3).
Ruling: 
Bankruptcy petition preparer ordered to disgorge excessive fees.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-037

Fannie Mae v. Griffin (In re Griffin)

Debtor filed a petition under chapter 13 and proposed a plan for paying his creditors that paid a $62,602 debt owed to a mortgagee over forty-seven months. The mortgagee filed an objection to confirmation of the debtor's plan and moved for relief from the automatic stay. The court held a hearing on the mortgagee's objection.
Ruling: 
Debtor could pay off deceased mother's reverse mortgage in installments through plan.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-099

White v. Magellanes (In re Magellanes)

This case came before the court for trial on the adversary proceeding filed by creditors against defendant debtor seeking a ruling that the balance of $19,443 owed on a prepetition judgment in the original amount of $30,000 was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Judgment debt was discharged in absence of false representation which could have led to creditor's loss.
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Consumer case opionion summary, case decided on March 01,2013, LexisNexis #0413-012

Friolo v. Frankel (In re Frankel)

Movant sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to allow the Court of Appeals of Maryland to resolve a pending appeal against the debtor. The movant filed an adversary proceeding against the debtor under 11 U.S.C.S. § 523(a)(6), alleging that the judgment should be excepted from discharge because it arose from a willful and malicious injury.
Ruling: 
Relief from stay granted in order to allow resolution of appeal with possible collateral estoppel effect on nondischargeability proceeding.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-074

Carrollan Gardens Condo. Assn v. Khan (In re Khan)

Ruling: 
Condominium association entitled to relief from stay to collect postpetition obligations.
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Consumer case opionion summary, case decided on January 06,2013, LexisNexis #0114-109

Wells Fargo Bank v. McIver (In re McIver)

Movant in the matter was a bank, as trustee for a home loan trust. Respondent was debtor. Before the court was an agreed order and stipulation modifying automatic stay and striking order terminating automatic stay.
Ruling: 
Agreed order and stipulation modifying stay and striking order terminating stay granted.
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Consumer case opionion summary, case decided on December 27,2012, LexisNexis #0113-076

In re Keita

Chapter 13 debtor sought confirmation of his plan, A creditor filed a motion to dismiss the case and, along with other creditors, filed objections to confirmation.
Ruling: 
Plan providing for payment of note that matured prior to petition date could be confirmed.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-033

McDow v. Mancini (In re Johnson)

U.S. Trustee brought an adversary proceeding against bankruptcy petition preparer seeking sanctions against the preparer for misconduct in violation of 11 U.S.C.S. § 110 in relation to a bankruptcy debtor's case and numerous other bankruptcy cases. The preparer did not respond or appear.
Ruling: 
Bankruptcy petition preparer sanctioned for holding self out as attorney and for unauthorized practice of law.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-074

In re Egwu

Debtor's former attorney filed an application for attorneys' fees per 11 U.S.C.S. § 503(a) and an objection to confirmation of the debtor's chapter 13 plan because it did not propose to pay any of the fees the attorney sought to recover.
Ruling: 
Debtor's former attorney's fees ordered disgorged due to failure to disclose fee sharing arrangement.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-075

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