MEMORANDUM DECISION RE OBJECTION TO SECURED STATUS ASSERTED BY THE PROOF OF CLAIM OF BANK OF AMERICA, N.A. S. MARTIN TEEL, JR., Bankruptcy Judge. Bank of America, N.A. holds a mortgage, in the form of a deed of trust, against real property in which the debtor has an interest. The bank neglected to record its deed of trust, signed by the debtor, in the land records of the District of Columbia. It then filed a civil action in the Superior Court of the District of Columbia, seeking to compel...
MEMORANDUM DECISION SUPPLEMENTING PRIOR DECISION REGARDING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR., Bankruptcy Judge. The prior Memorandum Decision of March 5, 2013, held that the chapter 7 trustee is entitled to a monetary judgment against Pauline Pilate in the amount of $11,950, the value of the inheritance funds the debtor did not turn over to the trustee, plus any prejudgment interest that may be awarded. The trustee has reported that the parties have now stipulated...
MEMORANDUM DECISION RE TRUSTE'S MOTION FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR., Bankruptcy Judge. The chapter 7 trustee filed a motion for summary judgment seeking a judgment for the balance of the $30,406.56 of inheritance funds the debtor received and that are property of the estate, but that the debtor has not delivered to the trustee. The debtor did not deliver to the trustee a portion of the inheritance monies because she used them to pay her tax debt. The issue is whether the debtor...
MEMORANDUM DECISION AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT S. MARTIN TEEL, JR., Bankruptcy Judge. The court has before it the cross-motions for summary judgment filed by 12th Street Real Estate, LLC ("12th Street") and Gary Stancil. 12th Street is the purchaser at a foreclosure sale-incident to a mortgage, in the form of a deed of trust, securing payment of a promissory note-of property located at 12th Street, N.E., Washington, D.C. (the "Property"), which Gary Stancil and his...
