Manfred N. Ayuk

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
MANFRED N. AYUK 	: 	Case No. 06-18255PM
: 	Chapter 13
Debtor 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case comes before the court on the Chapter 13 Trustee’s Motion for Disallowance of
Claim as to Which the Claimant Has Refused Distributions. Debtor’s Third Amended Chapter
13 Plan was confirmed on May 21, 2007, and the Trustee reports that the Debtor is making the
required Plan payments. GMAC Mortgage, LLC (sometimes “GMAC”), filed a proof of claim
on December 29, 2006, stating a balance due as of the date of filing as $354,861.18 and pre-
filing arrears aggregating $9,743.26. The Trustee seeks to disallow the proof of claim because
GMAC has refused to accept distributions made pursuant to the confirmed Plan. However, the
court is confused by the fact that a motion for relief from the automatic stay was filed by the
Bank of New York Trust Company, N.A., as trustee, alleging that it is the holder of a note
secured by the Debtor’s property. There is no evidence in the record of a transfer of the claim by
GMAC. Logic dictates that GMAC Mortgage, LLC, and the Bank of New York Trust Company,
N.A., cannot both be holders of the promissory note secured by the deed of trust on Debtor’s
residence. Md. Comm. Law Ann. § 1-201(20)(a). Further confusion is caused by the fact that the
law firm filing the original Motion for Relief from Stay on behalf of the Bank of New York Trust
Company, N.A., is not the law firm that filed the Declaration of Default under that Consent
Order.
Date signed December 12, 2008
Entered: December 15, 2008 Case 06-18255 Doc 47 Filed 12/15/08 Page 1 of 2

Debtor appeared in court and reported that he is in negotiation with someone claiming to
be the holder of the obligation secured by his residence and that he has agreed to make up the
arrears, together with not-insignificant charges that appear to be added on. It would be
irresponsible for the court to disallow the claim for pre-filing arrears on one hand and then stand
by without taking action while the Debtor attempts to cure post-filing arrears on his own. To
further complicate matters, the court is advised by the Debtor that, despite counsel’s undertaking
set forth in her Disclosure of Compensation filed December 18, 2006, that her representation of
Debtor continues until the case is closed, dismissed or discharged, counsel refuses to assist
Debtor any further without payment of funds in advance. This is troublesome in that Debtor
obviously has a cash flow problem. Nothing would prevent counsel from application for further
compensation should circumstances warrant.
The court will deny the Trustee’s Motion with the admonition that the holder of the
secured claim, whoever it may be, and its representatives, contact the Debtor and his counsel of
record so that this bankruptcy case under Chapter 13 may proceed to a successful conclusion.
cc:
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
Laura Margulies, Esq., 6205 Executive Blvd., Rockville, Md 20852
Manfred Ayuk, 9205 25th Avenue, Hyattsville, Md 20783
Richard J. Rogers, Esq., Cohn Goldberg, 600 Baltimore Ave., #208, Towson, MD 21204
Randa S. Azzam, Esq., 122 North Alfred Street, Alexandria, VA 22314
GMAC Mortgage, LLC, Bankruptcy Dept.,
3451 Hammond Avenue, P.O. Box 780, Waterloo, IA 50704-0780
GMAC Mortgage Group, LLC, c/o CT Corporation System, 2222 Grand Avenue,
Des Moines, IA, 50312
End of Memorandum
Case 06-18255 Doc 47 Filed 12/15/08 Page 2 of 2