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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Debtor objected to a proof of claim asserting that a three-year statute of limitation barred recovery of an unsecured claim resulting from the deficiency balance after sale of a vehicle. The Bankruptcy Court, Duncan W. Keir, Chief J., held that by Maryland statute, a four year statute of limitations applies to purchase installment contracts. However, the court further held that the period of limitation begins to run when the right to sue for payment accrues under the terms of the contract. The Court found that the record on the pleadings stated only the later date of disposition of the collateral and was insufficient for determination of the expiration of the statute of limitations. An evidentiary hearing on the objection to claim would be held.

Entered: 
2010-12-16
Case: 
10-27738DK
Judge: 
Duncan W. Keir