Court Locations
Case Number |
Opinion Summary ( date sorted) |
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E. Stephen Derby 99-56381 Coleman |
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. |
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E. Stephen Derby 98-6-6900 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 |
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E. Stephen Derby 98-6-6900 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. |
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E. Stephen Derby 97-6-5830 Lichter |
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. |
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E. Stephen Derby 95-57158 Queen |
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 |
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E. Stephen Derby 94-50161 Merry-Go-Round |
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). |
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E. Stephen Derby 94-050161 Merry-Go-Round |
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. |
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E. Stephen Derby 07-51887 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. |
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E. Stephen Derby 06-12949 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. |
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E. Stephen Derby 05-90314 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 |
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E. Stephen Derby 05-26653 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. |
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E. Stephen Derby 04-23386 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). |
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E. Stephen Derby 03-65333 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. |
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E. Stephen Derby 03-63389 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). |
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E. Stephen Derby 03-60363 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. |
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E. Stephen Derby 03-58882 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 |
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E. Stephen Derby 03-16311 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) |
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E. Stephen Derby 02-67585 In re Baltimore Emergency Services, LLC, et al. |
Apr 28, 2005 Order Adopting Clarifying Procedures for Processing Malpractice Claims Against Debtors' Insurance Policies |
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E. Stephen Derby 02-67576 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. |
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E. Stephen Derby 02-6-7584 In re Baltimore Emergency Services, LLC, et al. |
Jun 28, 2005 Memorandum Opinion Clarifying and Interpreting Confirmation Documents (with typographical corrections) |
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E. Stephen Derby 02-52338 Linda Sue Levin |
Feb 25, 2004 11 U.S.C. § 523(a)(5): An award of attorneys fees |
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E. Stephen Derby 02-50215 USIsinternetworking |
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. |
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E. Stephen Derby 02-05-4152 Porter-Hayden |
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. |
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E. Stephen Derby 01-64463 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. |
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E. Stephen Derby 01-64463 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. |
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E. Stephen Derby 01-52184 Slacum |
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. |
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E. Stephen Derby 01-5-2470 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. |
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E. Stephen Derby 01-5-0729 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. |
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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. |
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E. Stephen Derby 00-6-5851 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. |
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E. Stephen Derby 00-5-9646 Alongi |
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). |
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E. Stephen Derby 00-5-9646 Alongi |
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. |
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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. |
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E. Stephen Derby USInternetworking |
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. |