Michael Joseph Sindram

1:08-bk-00559DcbAug 20, 2009

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Not for Publication in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 RE DEBTOR’S MOTION FOR
CLARIFICATION AND MODIFICATION OF ORDER AND FOR RELATED RELIEF
On August 6, 2009, the court entered a Memorandum Decision
and Order Re Motion to Appoint Counsel to Address Alleged
Violation of Automatic Stay by Superior Court of the District Of
Columbia (Dkt. No. 224). 	The debtor Sindram has now filed a
Motion for Clarification and Modification of Order and for
Related Relief (Dkt. No. 227, filed August 12, 2009). 	That
motion will be denied.
The motion disagrees with the court’s analysis in the
Memorandum Decision and Order, but sets forth no persuasive
grounds demonstrating any error in that analysis. 	Sindram
continues to view In re Corbly, 149 B.R. 125 (Bankr. D.S.D.
1992), as correctly holding that § 523(a)(7)(B) applies to all
penalties and fines, not just to tax penalties, but that holding
The document below is hereby signed.
Signed: August 20, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00559 Doc 232 Filed 08/20/09 Entered 08/20/09 16:11:46 Desc Main
Document Page 1 of 2
was erroneous, has been rejected by other courts, has not been
followed by any other court, and is not binding on this court.
Sindram asks for injunctive relief against the Superior
Court, contending that because he is indigent, the Superior Court
ought to allow him to litigate without payment of fees and ought
not require him to pay the $3,000 fine or hire counsel before he
is entitled to file any new action in the Superior Court. 	But
injunctive relief must be sought in an adversary proceeding, and,
in any event, nothing in the Bankruptcy Code bars the Superior
Court’s enforcement of its order of April 28, 1992. 	A bankruptcy
court is not empowered to relieve a debtor from all hardships
arising from being indigent.
An order follows denying Sindram’s motion (Dkt. No. 227).
[Signed and dated above.]
Copies to: Debtor; Chapter 7 trustee; Office of the United States
Trustee;
Hon. Stephanie Duncan-Peters
Superior Court for the District of Columbia
500 Indiana Avenue, N.W.
Washington, D.C. 20001
George R. Pitts
Katherine Thomas
Dickstein Shapiro, LLP
1825 Eye Street, NW
Washington, D.C. 20006
Craig A. Parker, Esq.
110 N. Washington St.
Ste. 500
Rockville, MD 20850
2	O:\TEEL\Judge Temp Docs\Sindram (Michael Joseph) - Mem Decsn and Order re Mtn to Clarify Mem Decsn & Order re Mtn to Appoint Counsel re Superior Court.wpd
Case 08-00559 Doc 232 Filed 08/20/09 Entered 08/20/09 16:11:46 Desc Main
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