Opinion
Case No. 16-00280
06-17-2017
In re LATRICIA LEE HARDY, Debtor.
(Chapter 7)
Not for publication in West's Bankruptcy Reporter.
MEMORANDUM DECISION AND ORDER RE DEBTOR'S CROSS MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF DEBTOR'S INVOLUNTARY CHAPTER 7 CASE THAT WAS REQUESTED BY CREDITOR, ALL CREDIT CONSIDERED MORTGAGE, INC.
The debtor, LaTricia Hardy, has filed a Cross Motion for Summary Judgement And Dismissal Of Debtor's Involuntary Chapter 7 Case That Was Requested by Creditor, All Credit Considered Mortgage, Inc. (Dkt. No. 200). For reasons explained at length in the Memorandum Decision and Order re Motion for Summary Judgment Filed by All Credit Considered Mortgage, Inc. Regarding the Debtor's Objection to its Claim of this date, none of the contentions raised in the Cross Motion have merit. In short, this is not an involuntary case, as it was commenced as a voluntary case; the appeal in the District of Columbia Court of Appeals does not preclude this court's adjudicating the validity of All Credit Considered Mortgage, Inc.'s claim; and abstention is inappropriate as to the litigation in this court over the validity of the claim. It is thus
ORDERED that the debtor's Cross Motion for Summary Judgement And Dismissal Of Debtor's Involuntary Chapter 7 Case That Was Requested by Creditor, All Credit Considered Mortgage, Inc. (Dkt. No. 200) is DENIED. Signed: June 17, 2017
/s/_________
S. Martin Teel, Jr.
United States Bankruptcy Judge
[Signed and dated above.] Copies to: Debtor; recipients of e-notification of orders.