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) sort ascending
Paul Mannes
Joseph E. Bateman, jr.
May 12, 2006

The standing Chapter 13 Trustee moved to dismiss four cases filed by debtors on the grounds that the debtors were not eligible to receive discharges by virtue of having received discharges within the period proscribed by 11 U.S.C. § 1328(f). HELD: The receipt of a discharge within the time proscribed by § 1328(f) does not create grounds for dismissal of a case filed under Chapter

Paul Mannes
Titiloye A. Okupe
Sep 12, 2005

In response to a motion for relief from the automatic stay, Debtor contended that the bankruptcy petition filed on his behalf by a third person pursuant to a power of attorney given orally was filed prior to the foreclosure sale, making the foreclosure sale a nullity. HELD: (1) the bankruptcy petition was filed after the auction, and (2) without reaching the issue of whether a bankruptcy case could be instituted pursuant to a power of attorney, a written power of attorney is required to constitute a third party an attorney in fact.

Paul Mannes
Emma Gene Jackson
Sep 02, 2005

Debtor and Citifinancial, Inc., a secured creditor, entered into a Reaffirmation Agreement whereby Debtor reaffirmed an obligation secured by a lien on her 1994 Mercury Sable automobile to repay $11,753.42 to the creditor, together with interest at an undisclosed rate. Because the Debtor was not represented by an attorney during the course of negotiating the Agreement, the court held a hearing pursuant to 11 U.S.C. § 524(d). HELD: An agreement to reaffirm a debt in the sum of $11,753.42 secured by an automobile that had a value between $590.00 and $1,050.00 could not be found to be in the best interests of the Debtor under 11 U.S.C. § 524(c)(6)(A).

Paul Mannes
United States Trustee vs. Runkle
Apr 22, 2005

The Defendant moved to dismiss an adversary proceeding to revoke his discharge that was filed by the United States Trustee a year and a day after the entry of the Defendant's discharge. Defendant argued that complaints filed pursuant to 11 U.S.C. § 727(d)(1) must be filed within the one-year time period allowed by 11 U.S.C. § 727(e)(1). HELD: the Complaint was timely as the one-year period was extended by Fed. Rule of Bankruptcy Pro. 9006(a) to the next business day after the end of the one-year period--a Sunday.

Paul Mannes
Robert/Teresa Trobaugh
Jan 06, 2005

The Debtors objected to the proof of claim filed on behalf of Mrs. Trobaugh's former husband. The claim was based upon both unpaid child support, that Debtors did not object to, and payments to be used for the education of a child of the parties who was no long a minor. HELD: the rule of decision applicable in matters involving priority claims filed pursuant to 11 U.S.C. § 507(b) is identical to that applied to cases under 11 U.S.C. § 523(a)(5). Where the parties by agreement intended future payments to function as support for their children, unpaid payments are entitled to priority under 11 U.S.C. § 507(b).

Paul Mannes
Edwin Evans
Nov 17, 2004

The United States Trustee filed a motion pursuant to 11 U.S.C. § 707(b) of the Bankruptcy Code to dismiss this bankruptcy case under Chapter 7 as an abuse of the bankruptcy system. HELD: under the totality of the circumstances, including the fact that $30,000.00 was devoted annually to educational expenses of adult children that the United States Trustee sustained his weighty burden of proof.

Paul Mannes
Nov 15, 2004

After the filing of a bankruptcy case under Chapter 7, a lender secured by Debtor's automobile learned that the vehicle was to be sold to satisfy an alleged mechanic’s lien. The lender notified the mechanic that consummation of the sale was barred by the stay of 11 U.S.C. § 523(a). The mechanic went forward with the foreclosure, purchased the vehicle for a sum less than was owed to the secured creditor, and thereupon sold the vehicle. HELD: A secured creditor may recover actual and punitive damages sustained on account of a willful violation of the automatic stay by a third party.
Restated Opinion docketed November 15, 2004

Paul Mannes
Marjorie Joan Wrublik
Jul 12, 2004

The Chapter 13 Debtor filed a Motion for Reconsideration of the Court’s dismissal of her Complaint to sell property held by her and her son as co-owners free and clear of liens. The Motion was DENIED. The Chapter 13 debtor does not have standing to proceed under 11 U.S.C. § 363(h).

Paul Mannes
Brian Krandell
Jun 04, 2004

After confirmation of his Chapter 13 Plan, Debtor moved to convert his case to a case under Chapter 11. HELD: § 1307(d) of the Bankruptcy Code compels a negative inference that after a Chapter 13 debtor’s plan has been confirmed, the bankruptcy case may not be converted to a case under Chapter 11.

Paul Mannes
Apr 24, 2002

The petitioning creditors who obtained an Order for Relief in a case later converted to a case under Chapter 11 sought compensation from the estate under 11 U.S.C. § § 503(b)(3)(A) and 503(b)(3)(D). The application was opposed by an insider creditor who argued that the applicants were limited to compensation for the actual filing of the involuntary petition and for nothing more. HELD: the applicants were entitled to compensation for the three time segments involved; the filing of the involuntary petition, the time between the entry of the Order for Relief and the date of conversion of the case to a case under Chapter 11, and the time after conversion. The court found that the applicants rendered a substantial contribution to the case under Chapter 11 and that had they not acted as they did when they did, the case would have been stranded in legal limbo.

Paul Mannes
Apr 24, 2002

Plaintiff sought to except from Defendant’s Chapter 7 discharge, pursuant to 11 U.S.C.
§ 523(a)(5), certain obligations arising from the parties’ Separation Agreement that was incorporated into a Judgment of Absolute Divorce. At issue was Defendant’s obligation to share equally in costs associated with their two minor children’s attendance at private school and related attorney fees. Defendant asserted that the obligations are not reasonable and were not intended as alimony, maintenance, or support.

Paul Mannes
Mar 19, 2002

After confirmation of Debtor's Chapter 13 Plan, certain payments made by the Trustee to secured creditors were returned to him, because those creditors had been paid as a result of the Debtor's paying off their claims through refinancing. The Trustee then distributed the returned funds pro rata among unsecured creditors filing claims not having priority. Debtor moved to make the Trustee refund the redistributed funds. Held: In the absence of a modification of Debtor's Plan, the Trustee properly distributed those funds to unsecured creditors as mandated by Debtor's Plan.

Paul Mannes
Feb 27, 2002

A Chapter 13 debtor sought to avoid a judgment lien that attached to his interest as a tenant-in-common of a parcel of real property eight days before the filing of his bankruptcy case. Defendant did not respond, and a default was entered. HELD: because the debtor had equity in the real property in an amount nearly five times the amount of the judgment, his avoidance power was limited to the amount of exemption left to him, that is, $1,039.00, rather than avoidance of the entire judgment.

Paul Mannes
Nov 01, 2001

Following Judge Derby's decisions in In re Hurst, 239 B.R. 89 (BC Md.1999), and In re Verna Anderson, 99-5-6749-SD, this court likewise finds that MD. CODE ANN. CTS. & JUD. PROC. 11-504(b)(2) does not encompass an exemption for unpaid prepetition medical expenses within Maryland's personal injury exemption.

Paul Mannes
Nov 01, 2001

The court issued an order staying an adversary proceeding wherein the debtor sought to avoid as a preference garnishment payments made within ninety (90) days of the filing of her case, in order to await the decision of the United States Court of Appeals for the Fourth Circuit in Stine v NationsBank, No. 00-2352, involving the same issue. That court has certified a question of law to the Court of Appeals of Maryland.

Paul Mannes
Apr 01, 2001

This matter came before the court upon two matters, a "Motion to Vacate Automatic Stay as to Property of Debtor's Estate" and "Debtor's Motion to Impose Sanctions for Willful Violation of Automatic Stay." The court has considered the motions, the opposition thereto, the memoranda, the oral arguments of the parties and the case file and has decided, for the reasons stated below, to deny both motions.

Paul Mannes
Jan 01, 2001

After the bar date to file a complaint objecting to the discharge of a debt under 11 U.S.C. § 523(c) had passed, First Union National Bank moved for an extension of time within which to file a complaint. It argued that it was entitled to rely upon the court telephone attendant's interpretation of an Order extending the time to object to debtor's discharge that the Order applied to dischargeability actions as well. The motion for extension of time was denied. The court found that the creditor's attorney's reliance upon an unauthorized statement made by a deputy clerk was unreasonable and no basis for granting the relief sought.

Paul Mannes
Cunningham v. Homecomings Financial Network
Mar 01, 2000

The Memorandum of Decision dated March 17, 2000, contains a scrivener's error on page 5, in the quote from Collier on Dewsnup.

Paul Mannes
In Re: Strecklow
Sep 10, 1992

Debtors filed motion to reopen Chapter 7 case. Judge Mannes held that debtors would not be allowed to reopen “no asset” Chapter 7 case to add previously unscheduled and unnoticed creditors to schedule of creditors holding unsecured nonpriority claims.