Shelly Cleckley, Jr and Sylvia Cleckley

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
SHELLY CLECKLEY, JR. : Case No. 05-14749PM
SYLVIA CLECKLEY : Chapter 13
:
Debtors :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case is before the court on the Debtors’ objection to the amended proof of claim
filed by GMAC Mortgage Corporation. On August 25, 2005, the court held a hearing on the
original objection to the proof of claim. That objection was sustained and the creditor given 60
days to file an amended proof of claim.
Since the time of the original objection, the parties have analyzed this account and have
reached agreement as to the amount due, other than with respect to three foreclosure bills in the
sums of $806.67, $2,323.07, and $1,567.62. The court has carefully considered the record herein
and finds as a fact that there is no basis to object to the claim of the creditor other than to reduce
the fee for the resumption of bankruptcy on December 10, 2003, to $950.00. The court finds that
this particular matter could have and should have been resolved far earlier in its development.
The delay is attributable to GMAC, and its claim for allowance of attorney’s fees should be dealt
with accordingly.
In passing, the court notes that this creditor has exercised a great deal of flexibility in its
dealing with the Debtors, to their benefit. The Debtors have been faced with numerous obstacles
to consummation of their earlier Chapter 13 Plan through no fault of their own. However, as the
Date signed January 31, 2006
Entered: February 01, 2006 Case 05-14749 Doc 35 Filed 02/01/06 Page 1 of 2

court has often observed, Chapter 13 is not an issue of how hard debtors try but how well they
do. A number of circumstances have combined to work against the Debtors, and the court finds
that at all times they have conducted themselves with the utmost good faith. This instant case
involves two creditors only, and the court is advised that the Debtors are current on their post-
petition obligations to GMAC Mortgage Corporation,
An appropriate order will be entered.
cc:
Mark S. Devan, Esq., 606 Baltimore Avenue, Suite 302, Towson, MD 21201
Robert K. Goren, Esq., 11300 Rockville Pike, Suite 408, Rockville, MD 20852
Shelly/Sylvia Cleckley, 609 East 16th Street, Frederick, MD 21701
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
End of Memorandum
Case 05-14749 Doc 35 Filed 02/01/06 Page 2 of 2