Opinion
Case No. 01-1-0452PM, Chapter 7, Adversary No. 01-1-AP167PM
November 30, 2001
ORDER STAYING ADVERSARY PROCEEDING
This case is before the court on the debtor's motion for summary judgment and the opposition thereto filed on behalf of Holy Cross Hospital of Silver Spring. At issue is whether a Chapter 7 debtor may avoid preferential wage attachments in aid of her exemption rights. Under the rulings found in such cases as In re Norcia, 255 B.R. 394 (D.Md. 2000), and In re Stine, 252 B.R. 902 (D.Md. 2000), debtor prevails. However, an appeal was taken in the Stine case to the United States Court of Appeals for Fourth Circuit. Oral argument took place in that case on March 1, 2001, and on August 27, 2001, the United States Court of Appeals certified a question to the Court of Appeals of Maryland.
In the interest of judicial economy and avoiding needless expense for the parties, the court will stay this proceeding and await the guidance of the appellate courts. It is, therefore, by the United States Bankruptcy Court for the District of Maryland,
ORDERED That all further proceedings in this adversary proceeding are stayed pending further order of court; and it is further
ORDERED That a status conference will be held in this case on April 16, 2002, at 3:00 p.m.