Judge Teel, Jr.

Rehabiltated Inner City Hous LLC v. Mayor of Baltimore City ( In re Lesick)

Defendants, a mayor, a city council, tax sale purchasers, and assignees, filed a motion to dismiss plaintiff limited liability company's ("LLC") action. The LLC sought to have certain tax sales declared void due to violation of the automatic stay in a chapter 7 case and sought damages under former 11 U.S.C. § 362(h) (current version at 11 U.S.C. § 362(k)(1)).
Ruling: 
Limited liability company had standing to pursue automatic stay violation action, but court dismissed action seeking damages for stay violation under section 362(h).
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In re Manson

The debtor's home had been exempt under 11 U.S.C. § 522 utilizing District of Columbia exemptions. She obtained a discharge that applied to a creditor's claim, but not on any lien that the creditor might have had. She discovered that the creditor had a judicial lien on her property when she refinanced her home. She reopened her chapter 7 case and moved to avoid the judicial lien pursuant to 11 U.S.C. § 522(f)(1)(A).
Ruling: 
Debtor's motion to avoid lien was denied since lien was satisfied prior to filing of motion to avoid lien.
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Premium of Am. LLC v. Sanchez (Premium Escrow Servs.)

The debtor marketed to investors interests in viatical insurance policies. Under the debtor's confirmed plan, a successor entity sued defendant doctor on both the debtor's claims and the investor-related claims against him for negligence and misrepresentation in determining life expectancies applied to the policies, which resulted in losses on the investments. The doctor moved to dismiss the adversary proceeding under Fed. R. Civ. P. 12(b)(1).
Ruling: 
Court ruled it lacked jurisdiction over claims since they were either not related to case or were non-core proceedings.
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In re Hunt-Shannon

Petitioner debtors filed an objection to respondent creditor's proof of claim on a loan made to a debtor.
Ruling: 
Court required debtors to file an affidavit rebutting prima facie validity of creditor's proof of claim and held that debtors had burden of proving payment in full.
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In re Mills

A bankruptcy petitioner obtained credit counseling as required by 11 U.S.C. § 109(h) on the same day that her bankruptcy petition was filed. The trustee moved to dismiss the petition based on the petitioner's ineligibility to be a debtor under section 109(h).
Ruling: 
Case was dismissed since debtor obtained credit counseling on same day as filing.
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In re Hawkins

The court previously entered an order to show cause why debtor's case ought not be dismissed for failure to obtain credit counseling prior to the petition date, as required to satisfy the requirements of 11 U.S.C. § 109(h).
Ruling: 
Court deemed that debtor need only make colorable claim of receiving credit counseling to assert jurisdiction and impose automatic stay.
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In re Hawkins

In a chapter 7 case, debtor moved for an extension of time to file a certificate of credit counseling under 11 U.S.C. § 109(h)(1).
Ruling: 
Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.
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In re Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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In re Hooper

Before the court was debtor's application for waiver of the chapter 7 filing fee for individuals who cannot pay the filing fee in full or in installments.
Ruling: 
Debtor was granted waiver of chapter 7 filing fee since debtor's income was below poverty level and debtor was unable to pay the fee in installments.
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In re McCray

The debtor leased property from the owners of the property who themselves had a history of bankruptcy filings in an effort to prevent creditor from foreclosing on the subject property. The creditor moved for relief from the automatic stay or for a determination that no stay arose by reason of 11 U.S.C. § 362(b)(22). The creditor claimed to own the property by reason of a foreclosure sale.
Ruling: 
Creditor's motion for relief from stay was granted since filnig was made in bad faith.
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