Mackey v. Quattlebaum

0:05-ap-01930MdbJan 26, 2006

Full text

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
THOMAS T. QUATTLEBAUM 	: 	Case No. 05-26323PM
: 	Chapter 7
Debtor 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
DENYSE C. MACKEY 	:
Plaintiff 	:
vs. 	: 	Adversary No. 05-1930PM
THOMAS T. QUATTLEBAUM 	:
Defendant 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case came before the court for a Pre-Trial Hearing on January 24, 2006. Both
parties appeared by telephone in proper person. It was agreed by both parties on the record in
the course of the hearing that there is no dispute as to the dischargeability of the claim held by
Plaintiff, but the Defendant does dispute the amount still due and owing on the judgment entered
in the New York action. This judgment is the basis for the wage garnishments issued by the
Circuit Court for Prince George’s County, Maryland, in the case of Mackey v. Quattlebaum,
CAL 05-10237, pursuant to the Uniform Enforcement of Foreign Judgments Act, Md. Code
Ann. Cts. & Jud. Proc. §§ 11-801-807 (2002). That collection was stayed by the filing of this
bankruptcy case. However, the automatic stay of 11 U.S.C. § 362(a) no long applies to that
garnishment by virtue of the entry of Debtor’s discharge and the Order accompanying this
Memorandum.
Date signed January 25, 2006
Entered: January 26, 2006 Case 05-01930 Doc 16 Filed 01/26/06 Page 1 of 2
An Order will be entered providing that the debt is excepted from the effect of Debtor’s
discharge entered November 2, 2005, but the Order will not fix the amount due under the New
York judgment.
cc:
Denyse C. Mackey, 260 Longhouse Lane, Slingerlands, NY 12159
Thomas T. Quattlebaum, 12339 Quarterback Court, Bowie, MD 20720
Crystal D. Harris, Esq., Williams Worthy, LLC, 5400 Kenilworth Ave., Riverdale, MD 20737
End of Memorandum
Case 05-01930 Doc 16 Filed 01/26/06 Page 2 of 2

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