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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

Case Number Opinion Summary ( date sorted)
Thomas J. Catliota
Memorandum of Decision
Sep 25, 2018
Thomas J. Catliota
Chanmoni Chim
Jan 25, 2008

The debtor filed a reaffirmation agreement seeking to reaffirm a debt secured by her vehicle. The Court rejected the reaffirmation agreement, finding that the debtor did not rebut the presumption of undue hardship that arose because the debtor's monthly income is less than her monthly expenses. The Court further found that the debtor complied with her obligations under Section 521(a)(2) by timely stating her intention to reaffirm a loan secured by her vehicle and by timely executing the reaffirmation agreement. The Court held that the provisions of Sections 362(h), 521(a)(6) and 521(d) do not apply, and the automatic stay remains in place with respect to the vehicle, the vehicle remains property of the estate, the Debtor is not obligated to turn over possession of the vehicle, and the lender may not exercise remedies as a result of default under the ipso facto provision under the loan agreement.

Thomas J. Catliota
Marnitta L. King
Mar 20, 2007

Although a codebtor existed on the Debtor’s residential mortgage loan held by Respondent, after receiving notice that the Debtor filed her third bankruptcy case within one year, the Respondent proceeded with a foreclosure sale because the automatic stay did not arise by operation of Section 362(c)(4)(A)(i) of the Bankruptcy Code.
HELD: The codebtor stay of Section 1301 barred the Respondent from proceeding with a post-petition foreclosure sale of the Debtor’s residence, even though the automatic stay of Section 362(a) did not arise as a result of Section 362(c)(4)(A)(i). The foreclosure sale, therefore, was void.