Kalman A. Parker

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
KALMAN A. PARKER 	: 	Case No. 07-20919PM
: 	Chapter 13
Debtor 	:
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ROADLOANS/TRIAD FINANCIAL 	:
Movant 	:
vs. 	:
:
KALMAN A. PARKER 	:
Respondent 	:
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MEMORANDUM OF DECISION
This case is before the court on the Debtor’s Motion for Reconsideration of the court’s
Order Terminating Automatic Stay entered September 18, 2008. The stay was lifted on account
the failure of the lender to receive any payments following the filing of this bankruptcy case
under Chapter 13 on November 2, 2007, so that the arrearage at the time of the hearing on the
Motion for Reconsideration was $10,933.92. To this must be added the arrearage existing prior
to the filing said to be $5,586.96.
The conduct of the secured lender, Roadloans/Triad Financial has been unconscionable in
the progress of this case. It is the holder of an undersecured automobile loan upon which it
charges 17.49% per annum interest. According to the Debtor, it has refused to accept any
payments on account. The most troubling thing to the court is that the secured creditor has
refused to empower its experienced counsel of record with any authority to enter into
Date signed October 15, 2008
Entered: October 16, 2008 Case 07-20919 Doc 78 Filed 10/16/08 Page 1 of 2

negotiations with the Debtor towards a resolution of this situation. Counsel is placed in the
position of being a wooden Indian or an errand boy. The court is at a loss to understand the
conduct of the creditor.
However, in the circumstances presented, the court cannot order this creditor to continue
to advance credit to the Debtor. The Motion for Reconsideration will be denied. The
accompanying Order will be effective ten (10) days after its entry. In the meanwhile, the court
suggests that it would be in the interest of all concerned for the secured creditor to attempt to
contact the Debtor, whose telephone number if 301-749-0326, in an effort to work out a mutually
acceptable solution.
cc:
Michael J. Klima, Jr., Esq., 8600 LaSalle Road, Suite 200, Towson, MD 21286
Kalman A. Parker, 111 Autumn Lake Way, Fort Washington, MD 20744
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
Roadloans/Triad Financial Corp.,
5201 Rufe Snow Drive, Suite 400, North Richland Hills, TX 76180
End of Memorandum
Case 07-20919 Doc 78 Filed 10/16/08 Page 2 of 2