William Robert Tellus

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
WILLIAM ROBERT TELLUS 	: 	Case No. 08-23285PM
: 	Chapter 7
Debtor 	:
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CAMDEN SUMMIT PARTNERSHIP 	:
t/a CAMDEN FALLSGROVE 	:
Movant 	:
vs. 	:
WILLIAM TELLUS 	:
STEVEN H. GREENFELD, TRUSTEE 	:
Respondents 	:
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MEMORANDUM OF OPINION
Before the court is the Motion of Debtor’s landlord, Camden Summit Partnership, t/a
Camden Fallsgrove (“Landlord”), for relief from the automatic stay based upon Debtor’s failure
to make two pre-petition payments aggregating $2,338.11 on his residential lease. Unlike the
cases of In re Thompson-Mendez, 321 B.R. 814 (BC Md. 2005), and In re Henderson, 245 B.R.
449 (BC SDNY 2000), the Debtor made the rental payment that came due after the filing of this
bankruptcy case under Chapter 7. Debtor holds the property under a subsidized lease under the
Moderately Priced Dwelling Unit Program administered by the City of Rockville. Debtor’s
eligibility for this Program is reflected in his application for waiver of the Chapter 7 filing fee
that showed monthly income of $1,279.00, and his Schedules I and J that reflect a monthly
deficiency of $1,478.00 between his income and expenses.
Date signed November 26, 2008
Entered: November 26, 2008 Case 08-23285 Doc 29 Filed 11/26/08 Page 1 of 2

Under § 365(d)(1) of the Bankruptcy Code, an unexpired lease of residential real
property is deemed rejected if not assumed by the Trustee within 60 days of the order for relief.
There are no circumstances presented that would cause the Trustee to assume this particular
lease. While the rejection of the lease removes the property from the bankruptcy estate, it does
not terminate the automatic stay. Upon consideration of all of the circumstances, the court will
condition the continuance of the automatic stay upon Debtor’s making post-petition rent
payments to the Landlord when due. An appropriate order will be entered.
cc:
Kelly Voss, Esq., Legal Aid, 6811 Kenilworth Avenue, #500, Riverdale, MD 20737
Phillip L. Felts, Esq., 4804 Moorland Lane, Bethesda, MD 20814
Steven H. Greenfeld, Trustee, 7910 Woodmont Avenue, #1103, Bethesda, MD 20814
William R. Tellus, 721 Fallsgrove Drive, #2141, Rockville, MD 20850
End of Memorandum
Case 08-23285 Doc 29 Filed 11/26/08 Page 2 of 2