Michael Joseph Sindram

1:08-bk-00559DcbFeb 25, 2010

Full text

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MICHAEL JOSEPH SINDRAM,
Debtor.
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Case No. 08-00559
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER RE DEBTOR’S MOTION TO REOPEN
CASE TO PURSUE MOTION FOR CONTEMPT AGAINST CHASE HOME FINANCE LLC
The debtor Sindram seeks to reopen this case to pursue a
motion for contempt against Chase Home Finance, LLC. 	Sindram
alleges that after November 10, 2008 (when he received a letter
from Chase, a letter that is not appended to the motion), he
reminded Chase that the bankruptcy case was pending, but “Chase
continued to make demand for payment of Debtor while Automatic
Stay remained in full legal force and effect to violate
Bankruptcy Code.”
But Sindram has not identified the date of any such demand,
the individual who made the demand, or the means of communication
of the demand. 	He has failed to append to the motion any writing
that communicated such a demand. 	Without such details being
furnished, I determine in the exercise of my discretion that the
The document below is hereby signed.
Signed: February 24, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00559 Doc 282 Filed 02/25/10 Entered 02/25/10 16:13:18 Desc Main
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motion to reopen the case for purposes of pursuing a contempt
motion against Chase ought not be granted.
If Sindram pursues his motion anew, he should append to his
motion to reopen the motion for contempt he intends to pursue,
with that motion for contempt providing the missing details I
have noted above regarding any demand for payment he alleges was
made. 	Finally, any motion to reopen the case for the purpose of
pursuing a contempt motion against Chase should be served on
Chase in a manner authorized by Fed. R. Bankr. P. 7004, with
notice under LBR 9013-1(b)(3).
Sindram’s motion seeks two additional orders. 	First,
Sindram asks that the court appoint counsel to represent him. 	He
has not shown at this juncture that he has a sufficiently
meritorious claim of contempt such as to warrant appointing
counsel to represent him. 	Second, Sindram asks that this court
remand to the Superior Court for the District of Columbia the
request for injunctive relief against Chase that I previously
dismissed for lack of subject matter jurisdiction. 	But that
request was filed in this court, and was not a matter removed
from the Superior Court. 	Thus, there is no matter to remand to
the Superior Court.
In light of the foregoing, it is
Case 08-00559 Doc 282 Filed 02/25/10 Entered 02/25/10 16:13:18 Desc Main
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3	O:\TEEL\Judge Temp Docs\Sindram (Michael Joseph) - Mem Decsn and Order re Mtn to Reopen re Contempt by Chase Home Finance.wpd
ORDERED that the debtor’s motion to reopen (Dkt. No. 278
filed on February 2, 2010) is DENIED without prejudice.
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 trustee; Office of the United States Trustee;
James J. Loftus, Esq.
210 East Redwood Street, Suit 400
Baltimore, MD 21202-3399
Case 08-00559 Doc 282 Filed 02/25/10 Entered 02/25/10 16:13:18 Desc Main
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