This case came before the court upon Ford Motor Credit Company’s (the “Defendant”) Motion to Dismiss Second Amended Complaint (the “Motion to Dismiss”). The Motion to Dismiss argued that this court does not possess subject matter jurisdiction over certain claims raised in the Second Amended Complaint because those claims should have been raised in a previous state court action and are thus barred by the doctrine of res judicata. This court found that the Tracey F. Drazenovich (the “Plaintiff”) was not precluded from asserting those claims in this court because Maryland does not have a compulsory counterclaim rule requiring all possible counterclaims to be raised in the original state court action.
This court granted the Motion to Dismiss as to one claim, the impairment of exemptions under 11 U.S.C. § 522(b)(2), because the Second Amended Complaint failed to state a basis upon which the requested compensatory damages could be granted.