Bell et al v. Rehder et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
ALFRED LUIS REHDER 	: 	Case No. 06-10744PM
: 	Chapter 7
Debtor 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
JOHN T. BELL, ESQ. 	:
BELL, ROSE & CORDIER, P.A. 	:
a/k/a BELL, REHDER & ROSE 	:
Plaintiff 	:
vs. 	: 	Adversary No. 06-1406PM
ALFRED LUIS REHDER 	:
STEVEN H. GREENFELD, TRUSTEE 	:
Defendants 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
ALFRED LUIS REHDER 	:
Counter-Claimant 	:
vs. 	:
JOHN T. BELL 	:
BELL, ROSE & CORDIER, P.A. 	:
Counter-Defendant 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
On February 22, 2007, this court passed an Order disposing of the Complaint filed in this
adversary proceeding. The Order provided that the obligation of the Restitution Order entered
by the Circuit Court for Montgomery County, Maryland, was not discharged by the Debtor’s
discharge entered May 23, 2006. This Memorandum deals with the First Amended
Counterclaim filed by the Defendant that seeks a declaratory judgment as to the existence of any
obligation owed directly to the Plaintiff.
Date signed February 28, 2007
Entered: March 01, 2007 Case 06-01406 Doc 52 Filed 03/01/07 Page 1 of 2

Based on the record before it, the court notes as follows. The obligation of the Debtor
relating to this adversary proceeding that survived his discharge is the Restitution Order
described above. Any debt owed by the Debtor directly to the Plaintiff has been discharged and
is no longer an enforceable obligation, although nothing prevents the Debtor, should he elect to
do so, from voluntarily repaying it or any other discharged debt. 11 U.S.C. § 523(f).
The judgment entered in the Circuit Court for Montgomery County, Maryland, on
September 15, 2006, in Case No. 93269-C, was in violation of the discharge injunction of
11 U.S.C. § 524(a)(2) and is avoidable. Counsel for the Defendant/Counter-Claimant shall
submit an appropriate order.
cc:
Jeffrey M. Orenstein, Esq., 15245 Shady Grove Road, Suite 465, Rockville, MD 20850
Issa G. Ziadeh, Esq., 4600 North Park Avenue, Suite 101, Chevy Chase, MD 20815
Steven H. Greenfeld, Trustee, 7910 Woodmont Avenue, Suite 760, Bethesda, MD 20814
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
End of Memorandum
Case 06-01406 Doc 52 Filed 03/01/07 Page 2 of 2