Finance Maryland, LLC v. Smith (In Re Smith)

Memorandum of Decision

DUNCAN W. KEIR, Bankruptcy Judge.

The matter before the court is the Motion to Dismiss Case filed by Finance Maryland, LLC (“Movant”) and the Debtor’s opposition thereto. The court held a hearing on the Motion to Dismiss on July 11, 2006, and has reviewed the supplemental memoranda filed by each of the parties. The court finds that a further hearing would not aid in the decisional process. For the reasons set forth herein, the Motion to Dismiss will be denied.

Factual Background

The relevant facts are not in dispute. On July 26, 2004, approximately 18 months prior to the…