The requirement that all rules must apply to all parties to a contract for the ...
Bankruptcy Court for the District of Maryland Court Cases
In Re Devitt (1991)
2. The complaint alleges that the debtor, John R. Devitt, was hired by the plaintiff to provide accounting and financial services in the early 1980s. Later, the debtor allegedly informed the plaintiff that the debtor was setting up an investment firm and allegedly invited the plaintiff to invest funds secured by second mortgages on valuable real estate.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 86-B-1338-JS, Adv. No. A89-0117-JS
In Re Watson (2007)
Before the court for consideration is the Debtors' Second Amended Chapter 13 Plan, as further amended on the record at a hearing on September 12, 2006, and the objection to confirmation thereof filed by creditor agent eCast Settlement Corporation. After the hearing, the court took the matter under advisement and provided the parties with an opportunity to provide supplemental memoranda containing points and authorities.
Court: Bankruptcy Court for the District of Maryland Docket: 06-11948DK
In Re Ford (1980)This court, sitting en banc, is asked to determine the impact of the Bankruptcy Reform Act of 1978, P.L. No. 95-598 (November 6, 1978), 11 U.S.C. §§ 101 et seq. (the "Code"), on property owned as tenants by the entireties under Maryland law when only one spouse has filed a Voluntary Petition under Chapter 7 of the Code and has elected to take state exemptions under § 522(b)(2) of the Code. The significance of the issues to be decided in this case is demonstrated by the substantial interest [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 79-2-1846-L
In Re Childs (2005)The matters before the Court are the filing by the above-captioned debtors of certifications of exigent circumstances to excuse the failure to file certificates of prepetition credit counseling, pursuant to 11 U.S.C. § 109(h) (2005). This opinion represents the consensus of all of the members of this Court [Keir, C.J., Mannes, Schneider, Derby and Alquist, JJ.], in establishing the requirements necessary for the approval of such certifications of waiver; determines that the failure to file a [...]
Court: Bankruptcy Court for the District of Maryland Docket: 05-90089 DK, 05-90185 NVA, 05-90045 DK, 05-90001 JS, 05-90029 SD
In Re Heilman (1999)
The instant complaint to determine dischargeability of debt was brought by homebuyers against a homebuilder. At the conclusion of the plaintiffs' case, the defendants' motion to dismiss the complaint was granted.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 94-5-5320-JS. Adversary No. 95-5401-JS
In Re Nazarian (1982)This matter came on for hearing on the Complaint Objecting to Discharge filed by Aetna Insurance Company, National Bank of Washington, Maryland Casualty Company, and Henri C. deLozier, Jr., Trustee (henceforth "Plaintiffs") against the Debtor, Sarkis K. Nazarian (henceforth "Debtor"). The hearing began on November 19, 1981, but was continued when the Court permitted Debtor's attorneys to withdraw. The hearing was concluded on February 1, 1982, after the court gave the Debtor time to obtain, and [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 80-10256, Adv. No. 81-0108
The significant issue raised in this matter is whether there is a limit on the amount of contractual late charges and default interest that should be recognized in an oversecured creditor's claim in a Chapter 11 case, to the detriment of junior creditors.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 90-4-3408-SD
In Re Transcolor Corp. (2003)
This opinion stands for the proposition that the holder of a claim against a Chapter 7 debtor corporation has standing to sue on the claim in the bankruptcy court against the debtor and the debtor's alter ego whose fraudulent misrepresentations on behalf of the debtor caused injury to the plaintiff and gave rise to the claim.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 98-6-5483-JS, Adversary No. 99-5627-JS
In Re Verill (1982)
In this adversary proceeding the Court is called upon to determine the rights of the parties with respect to a tax refund attributable to withholdings from wages earned during the calendar year in which Ira H. Verill, Jr. (the "Bankrupt") filed his voluntary petition. The question is one of first impression in this District.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 78-01662-K
In Re Bowman (1995)
The controlling issue before the court is what are the duties of a debtor-in-possession whose only asset is a lawsuit and who is faced with an offer of judgment that is enough to pay creditors, but which the Debtor considers to be inadequate.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 91-5-2533-SD
In Re Abdul Muhaimin (2006)The matter before the court in each of these three cases is a motion for relief from stay, accompanied by a request for relief under 11 U.S.C. § 362(d)(4) against residential real property owned, in whole or in part, by the Debtor. The requested relief also requires the court to examine the continued viability of In re Yimam, 214 B.R. 463 (Bankr.D.Md.1997) for the imposition of an equitable servitude upon the Debtors' property in cases filed under BAPCPA. For the reasons stated herein, the [...]
Court: Bankruptcy Court for the District of Maryland Docket: 05-90314-SD, 05-90230-SD, 05-90128-SD
In Re Colandrea (1982)These proceedings arose as a result of the filing by Carmen J. Colandrea ("Carmen") of a Complaint to establish a resulting trust for the benefit of Aida Judisch, Carmen's mother, over a one-third (1/3rd) interest held by Carmen in certain real property located in Milford, Connecticut. John Robinson, the Chapter 13 Trustee in Carmen's Bankruptcy case, and Dominic Colandrea ("Dominic"), a judgment creditor of Carmen, were named as defendants in that complaint. Dominic filed an answer and a [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 80-2-0002-L, Adv. No. 80-0167
In Re Cunningham (2000)Debtors Donald and Harley Ryan filed a complaint seeking to avoid wholly unsecured consensual liens pursuant to 11 U.S.C. § 506(d). Creditor Firstplus failed to answer the complaint. Debtors John and Alicia Cunningham filed a complaint seeking to avoid wholly unsecured consensual liens pursuant to 11 U.S.C. § 506(d). Creditor Homecomings moved to dismiss the complaint. Cross-motions for summary judgment were subsequently filed by debtors and Homecomings. The Bankruptcy Court, Paul Mannes, J., [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy Nos. 99-1-4579-DK, 99-1-8568-PM. Adversary Nos. 99-1-400-DK, 99-1-644-PM
In Re Anton Motors, Inc. (1995)Scott D. Field, Trustee and Plaintiff ("Trustee") filed this Complaint against Montgomery County, Maryland ("County") to recover as fraudulent conveyances several real property tax payments made by Anton Motors, Inc. ("Debtor") during the three year period prior to the filing of Debtor's bankruptcy petition on December 13, 1990. The Trustee alleges that the taxes paid were the personal obligations of Anton Schmidt ("Schmidt"), who was the Debtor's President at the time the payments were made. [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 90-4-4262-SD. Adv. No. 94-1265-SD
In Re Cole (1989)The issues in this matter involve how to apply a consumer debtor's unapplied, pre-petition utility deposit which has been claimed as exempt. This is a no asset Chapter 7 case. Among the property items which Debtor claimed as exempt was a deposit with Potomac Edison Company in the amount of $175.98, including interest thereon. This exemption item was added by an amendment of schedules, which Debtor filed shortly after the Section 341 (11 U.S.C.) meeting of creditors. The total of exemptions [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 88-4-1641-SD
In Re Pontier (1994)
The debtor filed a motion to dismiss the instant complaint to determine dischargeability of debt for failure to state a claim for which relief can be granted, pursuant to F.R.Civ.P. 12(b)(6) and Bankruptcy Rule 7012. The motion to dismiss will be denied.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 91-5-4084-JS. Adv. No. 91-5365-JS
In Re Denny (1999)Before the court is a motion for relief from stay filed by Homeside Lending, Inc. ("Homeside") to allow ratification of the prepetition foreclosure sale of debtor's home. The issue is whether a foreclosure sale in Maryland is complete, for purposes of Section 1322(c)(1) of the United States Bankruptcy Code, at the time the sale is conducted, or in the alternative, after the state court has entered an order ratifying the sale. For the reasons that follow, the court concludes the sale is [...]
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 99-2-0667-DK
In Re Stecklow (1992)
Before the court is the motion of the debtors, Arthur Stecklow and Marion Stecklow, to reopen this bankruptcy case filed under Chapter 7 on May 9, 1991. The rule in the Fourth Circuit is that "the right to reopen a case depends upon the circumstances of the individual case . . . the decision whether to reopen is committed to the court's discretion." Hawkins v. Landmark Finance Co., 727 F.2d 324, 326 (CA4 1984).
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 91-4-2251-PM
Debtor's counsel has moved for reconsideration of an order that prohibited counsel from using a retainer before it had been earned and before the fees to which the retainer would be applied had been approved by the court. In denying reconsideration, the court concludes it is not proper for Debtor's counsel to use or apply a retainer paid by Debtor before the court has allowed fees to counsel.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 90-4-2589-SD
1. The instant voluntary Chapter 11 bankruptcy petition was filed in this Court on May 23, 1989. The debtor is engaged in the business of owning and operating two radio stations, WVOC-AM and WCEZ-FM, which are located in Columbia, South Carolina.
Court: Bankruptcy Court for the District of Maryland Docket: Bankruptcy No. 89-5-1705-JS