IN RE DeBARROS

Bankruptcy No. 96-1-9361PM. Adversary No. 01-1-AP361PM.

275 B.R. 251 (2002)

In re Daniel DeBARROS, Debtor. Daniel DeBarros, Plaintiff, v. National City Bank f/k/a First of America Bank, Defendant.

United States Bankruptcy Court, D. Maryland, at Greenbelt.

February 25, 2002.


Attorney(s) appearing for the Case

Michelle R. Curtis, Garza, Regan et al., Rockville, MD, John R. Garza, Garza, Regan et al., Rockville, MD, Bobby Y Lee, Rockville, MD, Jonathan P. Morgan, Garza, Regan et al., Rockville, MD, Scott R. Robinson, Frederick, MD, for debtor.

L. Darren Goldberg, Leesburg, VA, Robert D. Harwick, Jr., Thieblot, Ryan, et al., Baltimore, MD, for creditor.

Steven H. Greenfeld, Washington, DC, for trustee.


MEMORANDUM TO THE PARTIES

PAUL MANNES, Bankruptcy Judge.

This case came before the court for a pre-trial conference. First of America Bank, now known as National City Bank, did not file an answer, and the Clerk entered a default as to it. Apparently being ignorant of what counsel did on its behalf in state court, Defendant filed a proof of claim for an unsecured claim without priority.

The effect of the Defendant's default is that the facts of the...

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