Nesse v. Haskins et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
RONALD EUGENE HASKINS : Case No. 04-32357PM
: Chapter 7
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
JANET M. NESSE, TRUSTEE :
Plaintiff :
vs. : Adversary No. 05-1963PM
RONALD EUGENE HASKINS :
DAWN N. DESGRAVES :
a/k/a DAWN N. HASKINS :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case came before the court on the pre-trial of the Trustee’s Complaint to Sell
Property Free and Clear of Co-Owners’ Interest Pursuant to 11 U.S.C. § 363(h). In the
Complaint the Trustee notes that in this bankruptcy case under Chapter 7 the Debtor owns
property located at 4600 Rolling Dale Way, Capitol Heights, Maryland, and asserts said property
is valued at $180,000.00, subject to a deed of trust of approximately $122,000.00. There are
unsecured claims without priority aggregating some $52,627.40, so that if a sale takes place at or
near the price of $180,000.00, it will result in proceeds of approximately $25-30,000.00 for
distribution among the unsecured creditors. The co-owner, Debtor’s former wife, consents to
this sale.
The Debtor filed an opposition to the Complaint noting that he has remarried, that he has
a small child and his new wife has two children, and that he runs his business from his home. He
Date signed December 02, 2005
Entered: December 05, 2005 Case 05-01963 Doc 13 Filed 12/05/05 Page 1 of 2

would therefore like the opportunity to keep the house, refinance the property, and use the
proceeds to pay off his former wife’s interest in the property and to pay off his debts. As
compelling as these reasons appear, Debtor has no standing to contest this Complaint or the
settlement by the Trustee and the co-owner. As the Court of Appeals points out in the case of
Willemain v. Kivitz, 764 F.2d 1019, 1022 (CA4 1985), an insolvent debtor has no standing to
challenge the proposed sale of his primary asset. Debtor has no pecuniary interest in the
litigation.
For this reason, the court must overrule the objection filed by the Debtor to the proposed
sale of the property. An appropriate order will be entered.
Counsel for the Trustee shall submit an appropriate order in ECF format approving the
sale. The Order presented is unsatisfactory. The stipulation with the Defendant must be filed as
a separate document.
cc:
Janet M. Nesse, Trustee, 1150 18th Street, N.W., Suite 800, Washington, DC 20036
Ronald E. Haskins, 4600 Rolling Dale Way, Capitol Heights, MD 20743
Dawn N. Desgraves, 5121 4th Street, N.E., Apt. 201, Washington, DC 20011
End of Memorandum
Case 05-01963 Doc 13 Filed 12/05/05 Page 2 of 2