Emmanuel O. Ekee

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
EMMANUEL O. EKEE : Case No. 05-33605PM
: Chapter 13
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
NNEKA H. EKEE :
Movant :
vs. :
EMMANUEL O. EKEE :
Respondent :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This matter comes before the court upon the Motion to modify the automatic stay of 11
U.S.C. 362(a) so as to enable a case entitled Nneka H. Ekee v. Emmanuel Obinwanne Ekee, Case
No. CAD 05-11016 to proceed to final judgment in the Circuit Court for Prince George’s
County, Maryland. The issues involved in that case include the granting of a divorce, alimony,
custody and visitation and child support, as well as an equitable distribution of the marital
property. Under § 362(b)(2) of the Bankruptcy Code, the automatic stay does not apply to the
establishment or modification of an order for alimony, maintenance or support. The issues of
custody and the granting of the divorce are likewise exempt from the automatic stay. What
remains is the issue of an equitable distribution of marital property.
Inasmuch as the moving party did not file a timely proof of claim in this bankruptcy case
under Chapter 13, if the Debtor is successful in having a Plan confirmed and fully consummated,
Movant’s rights to an equitable distribution of marital property in the form of a judgment against
Date signed May 04, 2006
Entered: May 08, 2006 Case 05-33605 Doc 38 Filed 05/08/06 Page 1 of 2

the Debtor are discharged. In the event of conversion to a case under Chapter 7 or dismissal of
this bankruptcy case, the issue of equitable distribution is meaningful. Debtor stipulated in open
court to join in a request to the Circuit Court, pursuant to Md. Fam. Law Code Ann. 8-203(a)(3)
(2004), to extend the 90-day period for determination of marital property and the granting of a
monetary award pending the conclusion of this bankruptcy case under Chapter 13. In the event
that that action does not take place, then the stay of § 362(a) will be terminated with regard to the
determination of marital property and the entry of a monetary award thereupon without further
order of court.
An appropriate order will be entered.
cc:
Thomas McKeon, Esq., 616 Water Street, Suite 325, Baltimore, MD 21202
Ronald L. Schwartz, Esq., 4907 Niagara Road, Suite 103, College Park, MD 20740
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
Emmanuel O. Ekee, 5206 Davenport Court, Glendale, MD 20769
End of Memorandum
Case 05-33605 Doc 38 Filed 05/08/06 Page 2 of 2