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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

Creditor willfully violated the Automatic Stay by conducting a foreclosure sale of its interest in property of the debtor after learning that debtor initiated a new bankruptcy case a few days before the sale. Creditor subsequently filed an emergency motion to dismiss debtor's case nunc pro tunc, arguing that serial filings by debtor and his wife on the eve of previous foreclosure sales, and the fact that debtor had another open bankruptcy case, demonstrated that the instant filing was in bad faith. The United States Bankruptcy Court for the District of Maryland, Duncan W. Keir, J., (1) denied the motion to dismiss nunc pro tunc; (2) found the foreclosure sale to be void; (3) prohibited any assessment of costs by creditor on account of the unlawful foreclosure sale; (4) found that debtor filed his case in bad faith; and (5) consolidated debtor's newly filed case into debtor's previously filed case.

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Duncan W. Keir