Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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In a Chapter 7 case, secured lender filed a motion for relief from stay under 11 U.S.C. Section 362 to enforce its rights under a Deed of Trust as to certain real property owned by the Debtor. No response was filed by either the Debtor or the Chapter 7 Trustee. The Court denied the motion without prejudice for the failure to comply with Local Rule 4001-1(b)(1) by filing a detailed statement of the debt owed. Secured lender then filed a motion to reconsider, in which it both challenged its noncompliance and attached the requisite account statement. The Court granted the motion to reconsider, but was compelled to address the issue of Movant's initial noncompliance. The Court held that under its interpretation of Local Rule 4001-1(b), creditors seeking to prosecute motions for relief from stay must document in detail the indebtedness due and be prepared to support the motion with evidentiary materials, in most instances by attaching copies of account summaries or some other relevant business records.

Entered: 
2008-05-01
Case: 
05-25591
Judge: 
Robert A. Gordon