Joseph Sanford Owen

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
JOSEPH SANFORD OWEN : Case No. 04-30921PM
: Chapter 13
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case came before the court on the motions of the United States Trustee to dismiss
this case with prejudice and to bar future filing without leave of court, and upon the motion for
sanctions filed as to the conduct of Debtor’s counsel. From a review of the record, it appears that
the Debtor did not attend the initial Meeting of Creditors, nor did he attend the continued
Meeting of Creditors. A motion to dismiss the case on account of Debtor’s failure was filed
December 7, 2004. A motion for relief from stay filed by AMC Mortgage Corp. states that
Debtor has failed to make payments due after October 1, 2004, on a note secured by a deed of
trust for the subject premises. While the court will not dismiss this case on the United States
Trustee’s motion, the case may well be dismissed for other reasons.
A review of the record also shows that the Debtor’s lawyer, Charles M. Shryock, III, is
the holder of the largest scheduled unsecured claim without priority. He holds $7,500.00 of the
$8,800.00 of that class of claims so scheduled. This situation results in a deplorable conflict of
interest between counsel and his client. This conflict will be cured by Mr. Shryock’s undertaking
to take no further fees in this case and not to file a proof of claim.
Appropriate orders will be entered.
Date signed January 03, 2005
Case 04-30921 Doc 43 Filed 01/04/05 Page 1 of 2

cc:
Charles M. Shryock III, Esq., 9430 Lanham-Severn Road, Suite 205, Seabrook, MD 20706
Joseph S. Owen, 93125 Ogden Place, Seabrook, MD 20706
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
End of Memorandum
Case 04-30921 Doc 43 Filed 01/04/05 Page 2 of 2