James Adeyemi

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
JAMES ADEYEMI : Case No. 04-13729PM
: Chapter 13
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
(Debtor’s Objection to Claim
of Treetop Condominium)
Before the court is the Debtor’s objection to the proof of claim filed on behalf of Treetop
Condominium, alleged to be a secured claim in the sum of $18,781.60. The court conducted an
earlier hearing, at which time the Debtor did not have the benefit of an interpreter. Upon the
Debtor’s motion for reconsideration of the Order entered October 8, 2004, overruling the
objection, a qualified interpreter was available to assist the Debtor, who is speech and hearing
impaired.
The court conducted a hearing on the motion for reconsideration on January 18, 2005.
The proof of claim is obviously in error. Taken at its most favorable posture to the claimant,
Treetop Condominium, a Judgment was entered October 31, 2002, in the District Court of
Maryland for Prince George’s County in the amount of $9,410.00 plus pre-judgment interest of
$1,479.60, attorney’s fees of $2,352.50, and costs of $50.00, a total of $13,342.10, and interest at
the rate of 10% for approximately 15 months until the filing of this bankruptcy case on February
18, 2004, in the sum of $1,667.00, producing a total claim of $15,009.10. It also appears that late
charges were charged following the filing of the case despite the fact that Debtor appears to have
made timely payments of the condominium assessment.
Date signed January 28, 2005
Entered: January 31, 2005 Case 04-13729 Doc 56 Filed 01/31/05 Page 1 of 2

Finally, it appears to the court that the Judgment Lien was recorded on February 26, 2004,
eight days after the filing of this bankruptcy case under Chapter 13. Thus, the recordation of the
Judgment Lien appears to be subject to avoidance by the Trustee. However, that relief was
sought neither by Debtor’s attorney nor thus far by the Trustee, although the time for filing an
action to avoid the lien does not expire until the 25th day of February, 2006.
cc:
Treetop Condominium, c/o Stacy S. Picket, Esq., 6411 Ivy Lane, #414, Greenbelt, MD 20770
James Adeyemi, 10117 Prince Place, #403, Largo, MD 20774
John D. Burns, Esq., 6303 Ivy Lane, Suite 102, Greenbelt, MD 20770
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
End of Memorandum
Case 04-13729 Doc 56 Filed 01/31/05 Page 2 of 2