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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The court ruled that a creditor cannot continue to file motions for relief from stay asserting the same factual averments and legal arguments, but expect different results. Here, the creditor, First Niagara Leasing, Inc., filed two consecutive motions for relief from stay. The first motion for relief from stay was denied by the court because the creditor failed to prove a security interest in the collateral. Later, the same creditor filed a second motion for relief from stay asserting the same factual averments and attaching one additional document to prove a security interest in the collateral. The court denied the motion under the doctrines of res judicata, law of the case, and finality of judgment.

Entered: 
2008-12-10
Case: 
07-20678
Judge: 
Duncan W. Keir