Nolan et al v. Tanner

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
GEORGE R. TANNER, JR. : Case No. 05-24972PM
: Chapter 7
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
CHRISTOPHER NOLAN, JR. :
CHRISTINE NOLAN :
JESSICA BALDWIN :
EMORY JACKSON BALDWIN, IV :
Plaintiffs :
vs. : Adversary No. 05-9018PM
:
GEORGE R. TANNER, JR. :
Defendant :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case came before the court for a pre-trial conference. The Complaint states a claim
under § 523(a)(2)(A) of the Bankruptcy Code that provides:
11 U.S.C. § 523. Exceptions to discharge
(a) A discharge under section 727, 1141, 1228(a) 1228(b), or 1328(b) of
this title does not discharge an individual debtor from any debt--
* * * * *
(2) for money, property, services, or an extension, renewal, or refinancing
of credit, to the extent obtained, by--
(A) false pretenses, a false representation, or actual fraud,
other than a statement respecting the debtor’s or an insider’s
financial condition.
Date signed January 13, 2006
Entered: January 17, 2006 Case 05-09018 Doc 6 Filed 01/17/06 Page 1 of 2

The Complaint alleges that the Debtor sold property located at 5881 Bicknell Road, Pisgah,
Maryland, to the Plaintiff Christopher Nolan, Jr., and failed to disclose the presence of
substantial toxic mold, moisture and mildew on the home. The Complaint alleges that the family
of Christopher Nolan, Jr., sustained serious personal injuries. Previously, the Plaintiffs filed an
action against the Debtor and Baldus Realty of Charles County in the Circuit Court for Charles
County, Maryland. That case was stayed as to the Debtor by the filing of this bankruptcy case
under Chapter 7.
Because of the alleged personal injuries sustained by Plaintiffs, this adversary proceeding
must be tried before the United States District Court for the District of Maryland under the
requirements of 28 U.S.C. § 157(b)(5). However, this court finds that the most expeditious and
economical way to try this case would be for this court to abstain from the exercise of
jurisdiction over the adversary proceeding until such time as the Circuit Court for Charles
County, Maryland, renders a final judgment as to the Debtor with respect to the existence or not
of liability under this Complaint and, if liability is found, the amount of damages sustained by the
Plaintiffs. Once that issue is decided, this court would then resume jurisdiction over the
adversary proceeding to determine whether Plaintiffs’ claim against the Debtor is discharged or
not under § 523(a)(2)(A) of the Bankruptcy Code..
The court finds nothing in the pleadings to support a claim under § 523(a)(6) of the
Bankruptcy Code. An appropriate order will be entered.
cc:
Oren D. Saltzman, Esq., 3201 Rogers Avenue, Suite 301, Ellicott City, MD 21043
George R. Tanner, Jr., P.O. Box 127, Marbury, MD 20658
Roger Schlossberg, Trustee, 134 West Washington St., P.O. Box 4227, Hagerstown, MD 21741
Clerk, Circuit Court for Charles, County, MD
End of Memorandum
Case 05-09018 Doc 6 Filed 01/17/06 Page 2 of 2