Court Locations

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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
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Case Numbersort descending Opinion Summary ( date sorted)
David E. Rice
11-27305
In re Gary F. Sweitzer and Susan M. Sweitzer
Aug 22, 2012

Counsel for Debtors: Jeffrey P. Nesson
Counsel for Real Time Resolutions, Inc.: Richard Rogers
Counsel for Chapter 13 Trustee: Susan Scanlon

The debtors filed what is known as a “Chapter 20” case; a chapter 13 case in which they are ineligible for a discharge due to receiving a chapter 7 discharge within the preceding four-year period. During the “Chapter 20” case, the debtors avoided a second, wholly unsecured, lien on their residence. They then filed an objection to the claim of the creditor, Real Time Resolutions, Inc., on the grounds that the in personam rights of the creditor had been discharged in a prior chapter 7 case and, therefore, the creditor was not entitled to treatment as an unsecured creditor in their chapter 13 plan. The Bankruptcy Court, David E. Rice, J., sustained the objection, holding that after avoidance of its fully unsecured lien, the creditor did not hold any in personam or other rights against the debtors that were allowable as an unsecured claim for purposes of distributions under a chapter 13 plan in a “Chapter 20” case.

David E. Rice
12-00061
Daisy Couloote Phillip v. David A. Reecher (In re Reecher), Adversary Pro. No. 12-00061
Aug 08, 2014

Daisy Couloote Phillip v. David A. Reecher (In re Reecher), Adversary Pro. No. 12-00061
Counsel for Plaintiff: Joseph H. Ostad, Esq.
Counsel for Defendant: Steven A. Allen, Esq.

The plaintiff sought an order declaring a judgment entered by the Circuit Court for Prince George’s County, Maryland against the defendant in the amount of $2,650,000 non-dischargeable under 11 U.S.C. § 523(a)(2) by reason of fraud, false pretenses, and misrepresentations with actual malice and intent to deceive. The Bankruptcy Court, David E. Rice, J., held that the defendant was bound by the judgment entered in the Circuit Court and was not entitled to re-litigate his liability, and that compensatory damages of $150,000 and punitive damages of $1,500,000 (awarded by the Circuit Court in the amount of $500,000 on each of three counts for intentional misrepresentation, civil conspiracy and concealment and non-disclosure) were excepted from discharge. The court held the remaining punitive damages of $1,000,000 awarded by the Circuit Court for constructive fraud and conversion to be discharged.

David E. Rice
12-24779
12-24779-DER ANGELA MARIA MARTISE
Mar 19, 2013

Court limited the amount of reasonable fees for a bankruptcy petition preparer's services to $100 of the fee charged by him to prepare petition and other filings in a straightforward Chapter 7 case but found that an additional $75 charged for lease preparation and dispute resolution with a utility service was not related to the preparation of the bankruptcy filing and was not subject to review or approval by the court. Although the evidence presented indicated that an additional $150 was paid to a third party associated with the bankruptcy petition preparer for educational services and advice regarding the bankruptcy and that such services may be in violation of section 110 as well as an unauthorized practice of law, the court found that the third party was not on notice that her fees were at issue in the hearing and refrained from ordering her fees disgorged without prejudice to the right of the U.S. Trustee to seek such relief by separate motion.

David E. Rice
12-29668
In re: Wendy Marie Frazier
Feb 20, 2013

Bankruptcy petition preparer was ordered to disgorge all but $100 of the fee charged by her to prepare petition and other filings in no-asset Chapter 7 case. Since a bankruptcy petition preparer's services are limited to typing and transcribing, $300 was not "reasonable" per 11 U.S.C. Section 110 for preparing a routine Chapter 7 filing when typing services generally charge an hourly rate of not more than $35.

David E. Rice
13-00215
Kovens v Goodwich
Sep 17, 2014

The plaintiff sought an order declaring a judgment entered by Court of Common Pleas for York County, Pennsylvania and later domesticated in Maryland against the defendant in the amount of $217,604.15 non-dischargeable under 11 U.S.C. § 523(a)(2) and 11 U.S.C. § 523(a)(4). The Bankruptcy Court, David E. Rice, J., held that the debt owed by the defendant to the plaintiff under the judgment was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and § 523(a)(2)(B) because the defendant used misrepresentations and a false financial statement to induce the plaintiff to make a loan that was not repaid. The court held that the defendant was not acting in a fiduciary capacity when he induced the plaintiff to make the loan, despite having been his friend and accountant, and thus 11 U.S.C. § 523(a)(4) was not applicable.