Wampler & Souder, LLC
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301-668-5111
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301-736-5432

March 2013 Archives

Ex-Ophthalmologist cannot discharge her student loans

In a decision by Judge Brian Kenney of the Eastern district of Virginia, Bankruptcy Court, an ophthalmologist was told she could not eliminate her student loans through bankruptcy. However, the evidence established that the ophthalmologist was living in her car; she failed to show that she was able to find employment in a position other than being an ophthalmologist. They also ruled that she failed to attempt to repay her loans (In re Najafian). 

Suit on Maryland projects must be brought in D.C.

The United States District Court for the District of Maryland ruled that a subcontractor, who brought a Maryland case as a result of performing work on a project located in the State of Maryland, would instead be forced to bring that case in the District of Columbia. This was because the project was performed for the District of Columbia Water and Sewer Authority and the contract dispute arising from that is governed by the District of Columbia's Little Miller Act. 

Sieber v. Rose

In the case of Sieber v. Rose, the United States Court of Appeals, Fourth Circuit, upheld the Bankruptcy Court's determination that a Debtor's failure to list an exempt property barred that Debtor from claiming those exemptionslater. This decision the Court reached was that Debtor had acted in bad faith to conceal the assets of the estate and hinder administration by the credits. However, it is quite possible that the Debtor would have been able to fully exempt some, if not all, of these assets if he had been properly represented. It is imperative that a prospective Bankruptcy Debtor work with an attorney in listing and exempting his property and disclosing his income and expenses. Otherwise, filing a bankruptcy case can be comparable to playing Russian Roulette with bullets in the chamber.

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Frederick Office
170 West Patrick Street
Frederick, Maryland 21701

Phone: 301-668-5111
Fax: 301-668-2770
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12114B Heritage Park Circle
Silver Spring, Maryland 20906

Phone: 240-833-2284
Fax: 301-942-8296
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14452 Old Mill Road
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Upper Marlboro, Maryland 20772

Phone: 301-736-5432
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