FINDINGS OF FACT AND CONCLUSIONS OF LAW UPON THE UNITED STATES TRUSTEE'S MOTION TO DISMISS FOR ABUSE ROBERT A. GORDON, Bankruptcy Judge. Upon consideration of the evidence and arguments presented in support of and in opposition to the United States Trustee's Motion to Dismiss for Abuse, the Court makes the following findings of fact and conclusions of law: PROCEDURAL HISTORY 1. The debtors, Edward and Jacqueline Fox, filed a voluntary petition under chapter 7 of the Bankruptcy Code on...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. Debtor Neogenix Oncology, Inc. ("Neogenix" or the "Debtor"), with the support of the Official Committee of Equity Security Holders (the "Committee"), seeks confirmation of its plan of liquidation. Judy A. Robbins, the United States Trustee ("UST"), objects to confirmation. The court previously ruled that the Debtor established all elements for confirmation under 11 U.S.C. 1129(a) 1 with the exception of the two issues addressed...
Memorandum of Decision DUNCAN W. KEIR, Bankruptcy Judge. Before the court is the Defendants' Joint Motion to Dismiss First Amended Complaint (the "Motion to Dismiss"). Defendants filed a joint Motion to Dismiss 1 and Memorandum of Law in support thereof and a reply to the opposition and supplements (collectively, the "Motion to Dismiss"). Citigroup Global Markets, Inc. and Citigroup Global Markets Limited jointly filed a supplemental memorandum setting forth grounds unique to their request...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. Before the court is the motion filed by defendants Old Line Bank (the "Bank") and Prince Frederick Investment, LLC (the "Debtor") to dismiss the second amended complaint because, among other things, the complaint fails to state a claim for equitable subordination. Docket No. 36. Plaintiff Atlantic Builders Group, Inc. ("ABG") opposes the motion. Docket No. 37. For the reasons set forth herein, the court concludes that ABG's second...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. The debtor, Jane L. Fairweather (the "Debtor"), brought a six count complaint seeking to recover, among other things, commissions from real estate sales that were garnished by Monument Bank (the "Bank") from the real estate agency with which the Debtor is affiliated. Two issues are addressed here: (1) whether the Bank received a transfer, as that term is used in 11 U.S.C. 547(b), when its garnishment lien attached to...
MEMORANDUM OF DECISION PAUL MANNES, Bankruptcy Judge. This adversary proceeding follows on the heels of this court's decision in the case of Akwa v. Residential Credit Solutions, Inc. (In re Akwa), 2014 WL 3566812 (Bankr.D.Md.2014), where, as here, the debtor sought to strip down or bifurcate the claim of the secured creditor. In this bankruptcy case under Chapter 13 filed November 14, 2013, the Debtors' Schedules filed December 12, 2013, valued their residence at $58,000.00 and listed...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. The debtor Vitalis Ojiegbe (the "Debtor") filed a motion seeking sanctions for violating the automatic stay against Judith Walter, Esq. ("Walter"), who holds a judgment against the Debtor. Docket No. 55. Now before the court are cross-motions for summary judgment. Docket Nos. 100 and 117. The cross-motions raise the following issues: (1) whether Walter violated the automatic stay by serving a writ of execution on a business entity...
MEMORANDUM OPINION DUNCAN W. KEIR, Bankruptcy Judge. Before the court is the adversary proceeding commenced by Plaintiff Jason Ortman ("Plaintiff") against Debtor/Defendant Joan Reinheimer ("Debtor"). The court held an evidentiary trial upon the Complaint on March 25, 2014. Initially the court set an April 9, 2014 hearing for the delivery of an oral ruling, but instead has decided to set forth its findings of fact and conclusions of law by written decision. Accordingly, the April 9th hearing...
MEMORANDUM OF DECISION THOMAS J. CATLIOTA, Bankruptcy Judge. Roger Schlossberg, the chapter 7 trustee (the "Trustee"), objects to the exemption claimed by the debtor Tony Arnel Massenburg (the "Debtor") to pension funds he received while he was a debtor in chapter 11, before his case was converted to chapter 7. The court determines that further oral argument is unnecessary because the facts and legal arguments are adequately presented in the papers submitted. See Local Bankruptcy Rule 9013-...
MEMORANDUM OPINION IN SUPPORT OF ORDER AVOIDING JOINT LIEN AS TO ONLY THE DEBTOR'S AGGREGATE INTEREST IN REAL PROPERTY OWNED BY THE ENTIRETIES ROBERT A. GORDON, Bankruptcy Judge. I. Introduction An apparent collision between the intent of the relatively new Maryland Homestead Exemption statute and the venerable common law form of ownership known as tenants by the entireties supplies the dramatic tension that fuels this case's plot. The tough question presented is whether Leonard...
MEMORANDUM OF DECISION PAUL MANNES, Bankruptcy Judge. Carrollan Gardens Condominium Association ("the condominium") seeks relief from the automatic stay of 11 U.S.C. 362(a) so as to enable it to file legal action to collect post-filing obligations. The condominium filed a proof of claim for a secured claim in the nature of a statutory lien in the sum of $2,974.43. The proof of claim stated that the monthly condominium fee is $292.43 with a $16.00 late fee if not timely paid. In his...
AMENDED MEMORANDUM OF DECISION ON AMENDED MOTION FOR DEFAULT JUDGMENT PAUL MANNES, Bankruptcy Judge. Debtors moved for reconsideration of this court's Order on Debtors' Motion avoiding the lien on real property held by PNC Bank and taking no action with respect to the lien held by Community Bank of Tri-County ("Tri-County"). While neither Respondent filed an answer to the Motion, this failure has the effect of admitting all well pleaded facts, but it is not a confession of liability. Ryan v....
