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
map

Counsel for Debtor: Robert Greenwalt
Counsel for Finance Maryland, LLC: Anthony Cordwell
Prior to the petition date, Creditor obtained a judgment on a promissory note secured by Debtor’s vehicles. After the chapter 13 bankruptcy case was filed, Creditor moved to dismiss the case pursuant to 11 U.S.C. § 1307(c)(4) based upon Debtor’s failure to initiate payments allegedly due under 11 U.S.C. § 1326(a)(1)(C). The Bankruptcy Court, Duncan W. Keir, Chief J., held that while the Creditor retained its lien on the vehicles, Section 1326(a)(1)(C) was inapplicable because Creditor had obtained a judgment prepetition and therefore no portion of the objection, as intended by the statute, became due after the order for relief. Accordingly, Creditor had shown no cause for dismissal under Section 1307(c)(4

PDF File: 
Entered: 
2006-11-02
Case: 
06-10497
Judge: 
Duncan W. Keir