You are here

Court Locations

6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

Case Number Opinion Summary ( date sorted)
E. Stephen Derby
In re Garrison C. Hudson
Sep 15, 2006

Debtor found eligible to file his bankruptcy petition under section 109(h)(1) when credit counseling occurred before the moment of filing rather than the day before filing.

E. Stephen Derby
Henry D. Hoge, et al. v. C. William Moore, et al.
Jul 13, 2006

In a proceeding removed from the California Superior Court against former officers and professionals of Railworks Corporation and its affiliates, the court dismissed three counts of the amended complaint as barred by the plan confirmation order injunction, determined that the four remaining claims are not preempted, and remanded the remaining claims to the California Superior Court.

E. Stephen Derby
In re Karen Abdul Muhaimin
Apr 26, 2006

§ 362(d)(4): In context of relief from stay motions in three separate cases consolidated for purposes of the court’s ruling, court held that imposition of 11 U.S.C. Section 362(d)(4) relief was unwarranted because a prima facie showing necessary for relief had not been made by the moving creditors. However, the court concluded that equitable servitude remedy under In re Yiman, 214 B.R. 463 (Bankr.D.Md. 1997), exists in pari materia with 11 U.S.C. Section 362(d)(4), and it was imposed in one of the three cases

E. Stephen Derby
In re Heritage Associates II, L.L.C.
Jan 11, 2006

The Plan Committee under Debtor's confirmed Chapter 11 Plan sued the Md. Department of Mental Health and Hygiene under 11 U.S.C. Section 544 to avoid Debtor's guaranty. The court held that the suit was barred by sovereign immunity because Plaintiff was, in substance, seeking to recover funds from the State treasury

E. Stephen Derby
In re Estate of Marilyn E. Roberts
Aug 16, 2005

Section 109(a): Decedent's Estate is not a person eligible to file a bankruptcy petition.

E. Stephen Derby
In re Baltimore Emergency Services, LLC, et al.
Jun 28, 2005

Memorandum Opinion Clarifying and Interpreting Confirmation Documents (with typographical corrections)

E. Stephen Derby
In re Deborah Williams. Tidewater Finance Company
Jun 28, 2005

The pendency of Debtor's Chapter 13 cases was held not to equitably toll the period between Chapter 7 discharges prescribed in 11 U.S.C. Section 727(a)(8). (Appeal pending)

E. Stephen Derby
In re Railworks Corporation, et al.
May 05, 2005

Section 1123(b)(3): Provision of Debtors' confirmed plan retaining avoidance claims for prosecution by a Litigation Trustee was sufficient to prevent application of res judicata and was of claims "belonging to" the estate, although the estate ceased to exist.

E. Stephen Derby
In re Baltimore Emergency Services, LLC, et al.
Apr 28, 2005

Order Adopting Clarifying Procedures for Processing Malpractice Claims Against Debtors' Insurance Policies

E. Stephen Derby
Dunn Industries, LLC
Jan 28, 2005

In denying a motion for relief from stay by a landlord of nonresidential real property in a Chapter 11 case, the court adopted the accrual method rather than the billing method for determining when real property tax obligations arise under 11 U.S.C. Section 365(d)(3).

E. Stephen Derby
Scott G. Smith, Debtor. Attorney Grievance Commis
Nov 12, 2004

In an attorney disciplinary proceeding, a judgment of costs against the disciplined attorney was found nondischargeable under 11 U.S.C. Section 523(a)(7).

E. Stephen Derby
Tracy Lucas
Jul 12, 2004

The bankruptcy court has inherent power to decide whether a bankruptcy petition preparer has engaged in the unauthorized practice of law in violation of 11 U.S.C. § 110, and in making that determination the court may apply state law.

E. Stephen Derby
May 13, 2004

Judicial estoppel applied to bar the reorganized Chapter 11 Debtor's prosecution of a contract claim that was knowingly not disclosed during the reorganization process.

E. Stephen Derby
Linda Sue Levin
Feb 25, 2004

11 U.S.C. § 523(a)(5): An award of attorneys fees
to a guardian ad litem for Debtor's minor children found
to be nondischargeable under 11 U.S.C. § 528(a)(5)
as in the nature of support and
such conclusion was not barred by the holding
under Maryland law in Goldberg v. Miller, 371 Md. 591 (2002)
that guardian ad litem fees do not constitute child support
under Maryland law.

E. Stephen Derby
Jan 12, 2004

11 U.S.C. § 542(b). On facts presented, insurance coverage dispute found not to be a core proceeding and not a proper § 542(b) turnover action. Although mandatory abstention did not apply because there was diversity jurisdiction, court exercised discretion to abstain under 28 U.S.C. § 1334(c)(1) in favor of pending arbitration proceeding where no overriding, countervailing bankruptcy purpose.

E. Stephen Derby
David O. Stinson, Sr.
Nov 10, 2003

11 U.S.C. § 1329. Chapter 13 Trustee’s motion to modify plan to capture appreciated value from sale of residence was granted because there was (1) a substantial and (2) an unanticipated change in Debtor’s financial condition.

E. Stephen Derby
Donna J. Monroe
Aug 23, 2003

§ 541(a): When a debtor holds real property with another as joint tenants, upon the filing of the debtor’s Chapter 7 petition the joint tenancy is severed and the bankruptcy estate holds the debtor’s interest as a tenant in common.

E. Stephen Derby
Baltimore Evergency Services
Mar 06, 2003

11 U.S.C. § 328(a): Determining reasonableness of indemnification provision in employment agreement between Chapter 11 debtor and financial advisor is best accomplished by applying principles akin to the "business judgement rule"; indemnification of financial advisors should not cover breaches of duty of loyalty, breaches of duty of care, and contractual disputes between the Chapter 11 debtor and the advisors.

E. Stephen Derby
Mar 05, 2003

11 U.S.C. § 502(b)(6): In determining cap on a landlord's prepetition lease termination claim, "one year" is the twelve-month period immediately following the earlier of the petition date, or date of repossession or surrender; it is not the average annual rent for the remaining term of the lease.

E. Stephen Derby
00– 63092
Lynda Allycia Powell
Oct 11, 2002

11 U.S.C. § 524(a)(2): Withholding payment of health benefits to recover prebankruptcy overpayment of health benefits did not violate debtor’s discharge injunction because it constituted a recoupment under a single contractual arrangement, and not a setoff/offset.

E. Stephen Derby
Cleo Khary McDuffie
Feb 22, 2002

Under Section 330, a post confirmation application for additional fees for preconfirmation services of debtor's attorney to be paid through the plan as an administrative expense was denied where no source for payment was provided and no plan amendment was filed.

E. Stephen Derby
Howard L. Kleinman
Jan 08, 2002

§ 522(b); Md. Code Ann., Cts. & Jud. Pro. § 11-504(b)(2): Life insurance proceeds payable to a spouse may be exempted by the beneficiary spouse.

E. Stephen Derby
Furley's Transport, Inc.
Sep 01, 2001

11 U.S.C. § § 544(a), 547(b) and 549: Trustee permitted to avoid security interests in 8 trailers that were unperfected on the Petition Date and perfected post-petition after the automatic stay was terminated. An appeal from this decision has been noted

E. Stephen Derby
Aug 01, 2001

28 U.S.C. § 1334(b): In a Chapter 7 case, the bankruptcy court did not have subject matter jurisdiction over a cause of action that arose post-petition to enforce a covenant not to compete, and remand of the adversary proceeding was required under 28 U.S.C. § 1447(c).

E. Stephen Derby
Furley's Transport, Inc.
Jun 01, 2001

Section 365(d)(10): Lease obligations to pay periodic rental charges for personal property first arose under 11 U.S.C. § 365(a)(10) on their due date, rather than on an earlier invoice date; and § 365(d)(10) did not bar a personal property lessor from recovering lease rental charges as a Chapter 11 administrative expense under § 503(b)(1)(A) where they constituted actual, necessary costs and expenses of preserving the estate.

E. Stephen Derby
Jun 01, 2001

Section 362(d)(1): Relief from automatic stay to perfect mechanics' lien as an in rem right against exempt entireties property is denied because property not subject to a mechanics' lien where only one owner is liable on the debt.

E. Stephen Derby
Mar 01, 2001

Section 365(d)(1): A deemed rejection of an employment contract in Chapter 7 did not terminate the contract, but only constituted a prepetition breach. Consequently, a noncompetition agreement that was triggered by post-petition actions of the Debtor could be enforced under State law against the Debtor, and the obligation was not subject to discharge.

E. Stephen Derby
Dec 01, 2000

Fed.R.Civ.P. 56(e): An expert's conclusory affidavit was not sufficient to support summary judgment as to § 547(c)(2)(C).

E. Stephen Derby
Nov 01, 2000

Fifth Amendment: After the Debtor invoked her Fifth Amendment privilege in response to almost every question posed to her at her omnibus examination and the Trustee moved to compel the Debtor's testimony, the Debtor was directed to appear in open court to supplement her inadequately justified assertion that questions posed to her at her omnibus examination would reasonably cause her to apprehend a danger of self-incrimination.

E. Stephen Derby
Aug 01, 2000

Section 1322(b)(5): A mortgage arrearage claim for a debtor who has participated in the HUD Assignment Program may not include payments in excess of the agreed payments during the period of the HUD assignment

E. Stephen Derby
Luskins, Inc. v. Washington/Balt Cellular L.P.
May 31, 2000

On February 13, 1997, Ashby Enterprises, Ltd., Luskins Appliances, Inc., Luskins, Inc., We-Are-Electronics, Inc., and Sound and Sight, Inc. filed voluntary Chapter 11 bankruptcy petitions in this Court. On October 3, 1997, Luskins, Inc. filed the instant amended complaint [P. 2] for breach of contract and an accounting against Washington/Baltimore Cellular Limited Partnership (“Cellular One”). On March 13, 1998, Cellular One filed a motion for summary judgment [P. 14]. On April 28, 1998, this Court entered an order [P. 26] denying defendant’s motion on the grounds that summary judgment was inappropriate as a matter of law because general issues of material fact remained in dispute. This Court finds that Luskins breached the contract between the parties dated September 1, 1996, thereby excusing any further performance by Cellular One. Based upon the evidence presented at trial, the instant complaint will be dismissed.

E. Stephen Derby
Erie Insurance Group v. Chaires
Apr 17, 2000

§ 523(a)(6): A Maryland Circuit Court sanction of an attorney under Md. Rule 1-341 based on bad faith is nondischargeable under § 523(a)(6), because intent to injure per Kawaauhau v. Geiger is inherent in the finding of bad faith and collateral estoppel applies.

E. Stephen Derby
Mar 01, 2000

Section 328(a)(5): In a case filed before the 10/22/94 effective date of § 362(b)(18), § 362(a)(5) operated to prevent an automatic Texas ad valorem tax lien on personal property from attaching automatically to inventory acquired postpetition by the debtor in possession.

E. Stephen Derby
Apr 01, 1999

Section 507(a)(8)(A): The three year period for determining priority income tax claims is tolled during a debtor's prior bankruptcy case.