0:03-bk-20696•Zoe Marie Artis
Texte intégral
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In re: Case No. 03-20696PM
Chapter 13
Zoe Marie Artis,
Debtor.
MEMORANDUM OF DECISION
ON ORDER DENYING RECONSIDERATION OF MOTION TO REOPEN CASE
Zoe Marie Artis ("the Debtor" or "Ms. Artis") mailed a two-page letter dated
October 6, 2008, to the court accompanied by a package of papers. The clerk docketed
and treated this submission as a Motion for Reconsideration (#50) of this court's Order
Denying Debtor’s Motion to Reopen Case entered June 18, 2008 (#46). The court
denied the relief sought through the Motion to Reopen because the court lacked
jurisdiction over the post-confirmation dispute between Ms. Artis and Washington
Mutual Bank. The court adopts by reference the matters set forth in the
Memorandum of Decision (#45) filed June 18, 2008, and will deny the pending Motion.
It appears from the record, that by a re-financing transaction, presumably
funded by Washington Mutual Bank, the Debtor paid off the $231,801.19 claim filed
by Wells Fargo Home Mortgage that was secured by a lien on the Debtor's residence at
906 Jackson Valley Court, Bowie, Maryland 20716, and completed the funding of her
confirmed Chapter 13 Plan. The Trustee's Final Report and Account reflects the
distribution of the funds amounting to $24,480.00 received by the Trustee.
Date signed October 15, 2008
Entered: October 15, 2008 Case 03-20696 Doc 51 Filed 10/15/08 Page 1 of 2The Debtor did not sell her property pursuant to a Motion (#30) filed by her counsel of record, Charles J. Ryan III, on March 10, 2005, that was approved by the court by an Order entered April 4, 2005 (#34). Instead, a refinancing transaction took place that was not given court approval. That fact standing alone does not nullify the transaction. The court assumes that Ms. Artis participated in the re-financing. If she did not sign the papers by which Washington Mutual Bank obtained a lien on her property, then the matter must be brought to the attention of the State's Attorney. If she had any quarrel with the terms of the transaction with Washington Mutual Bank, her remedy was to file a complaint in a court of competent jurisdiction, presumably the Circuit Court for Prince George's County. Inasmuch as this bankruptcy case under Chapter 13 was closed on October 18, 2005, after the Debtor's plan was completed and she received her discharge on July 13, 2005, there is no further relief that this court can afford her. An appropriate order will be entered. cc: Debtor Chapter 13 Trustee United States Trustee End of Memorandum Case 03-20696 Doc 51 Filed 10/15/08 Page 2 of 2
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