Attorney Brett D Weiss's Legal Cases

Bankruptcy and debt

In Re Baker, 38 B.R. 705 (Bankr.Md.1983)

Jan 01, 2007

OUTCOME: A foreign debtor can file for bankruptcy in the United States

Mr. Baker, who lived overseas, retained Mr. Weiss to file for bankruptcy in the United States to discharge his US debt. The United States Trustee objected, arguing that he should not be able to file. F ... ollowing a hearing, Judge Nancy Alquist ruled that Mr. Baker was eligible to file for bankruptcy in Maryland, and his living overseas had no impact on his ability to file.

Bankruptcy and debt

Hernandez v. Suburban Hospital, 319 Md. 226, 572 A.2d 144 (1990)

N/A

OUTCOME: Assignments not dischargeable in bankruptcy

This case dealt with the question of whether an assignment granted by a client and guaranteed by the client's lawyer survived the client's bankruptcy. The Maryland Court of Appeals, the state's highest ... Court, answered, "Yes."

Bankruptcy and debt

Bunch v. Hopkins Savings Bank, 249 B.R. 667 (Md. 2000)

N/A

OUTCOME: A Chapter 13 filing by an heir stops a foreclosure

The Debtor was the sole heir and Personal Representative of his mother's estate, which consisted primarily of her house. Other than his expectancy in the inheritance as an heir, he had no interest in t ... he house. A foreclosure was brought against the house, and the Debtor filed for Chapter 13. The Court ruled that his filing as an heir of an estate gave him a sufficient property interest to allow his Chapter 13 filing to stop the foreclosure, and allow for the cure of the mortgage arrearages through his Chapter 13 Plan.

Bankruptcy and debt

In re Tubman, 364 B.R. 574 (Md.2007)

N/A

OUTCOME: The Court held that the automatic stay continued

Section 362(c)(3) of the Bankruptcy Code provides that the automatic stay terminates after 30 days if the Debtor had another bankruptcy case pending in the previous year, if not extended. Mr. Weiss was ... brought into a case following such a termination, and successfully argued that the stay does not terminate as to "property of the estate," even if it does terminate as to the Debtor. This meant that the Debtor could cure her mortgage arrearages through her Chapter 13 Plan, and would not lose it to foreclosure.

Bankruptcy and debt

In re Bellamy, 379 B.R. 86 (Md.2007)

N/A

OUTCOME: Counsel fees must be paid before other creditors

In this case, Mr. Weiss was selected to write an amicus, or Friend of the Court, brief on behalf of the National Association of Consumer Bankruptcy Attorneys. Ellen Cosby, a Chapter 13 Trustee, argued ... that counsel fees should be paid along with general unsecured debt, such as credit cards. Mr. Weiss argued that the Bankruptcy Code required payment of such fees before general unsecured debts. Chief Judge Keir held that counsel fees were an administrative claim that had to be paid before other creditors.

Bankruptcy and debt

Branigan v. Bateman, 515 F.3d. 272 (2006)

N/A

OUTCOME: Chapter 13 Debtors were eligible to file

Timothy Branigan, a Chapter 13 Trustee, argued that debtors who were ineligible for a Chapter 13 discharge due to previous Chapter 7 cases were ineligible to file. Recognizing that there were many bene ... fits to Chapter 13 that did not require a discharge, Mr. Weiss successfully argued against the Chapter 13 Trustee's position before the Bankruptcy Court, the District Court and the U.S. Court of Appeals for the Fourth Circuit.

Brett D Weiss's Legal Cases (6)

In Re Baker, 38 B.R. 705 (Bankr.Md.1983)

Hernandez v. Suburban Hospital, 319 Md. 226, 572 A.2d 144 (1990)

Bunch v. Hopkins Savings Bank, 249 B.R. 667 (Md. 2000)

In re Tubman, 364 B.R. 574 (Md.2007)

In re Bellamy, 379 B.R. 86 (Md.2007)

Branigan v. Bateman, 515 F.3d. 272 (2006)