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IN RE: JOSEPH ADJEI Debtor.

MEMORANDUM OF DECISION

PAUL MANNES, Bankruptcy Judge

This case came before the court for confirmation on Debtor's Chapter 13 Plan filed November 17, 2008. The Trustee did not recommend confirmation of the Plan because of its failure to deal with claims held by Frederick County, Maryland, and by Saxon Mortgage. The claim of Frederick County, Maryland, filed November 17, 2008, reflects a statutory lien in the sum of $3,589.92 for taxes for the year 2009.

Saxon Mortgage filed a claim in the amount of $73,054.00 as the holder of a claim secured by lien on Debtor's residence. Debtor filed a timely Motion to avoid the lien in accordance with the procedure set forth in Local Bankruptcy Rule 3012-1, serving the individual who signed the proof of claim as required by LBR 3012-1(b)(3). However, Debtor failed to serve the Registered Agent of Saxon Mortgage, CSC Lawyers Incorporating Service Co. For that reason, the court will enter an order denying the Motion without prejudice to reconsideration upon completion of service of process upon Saxon Mortgage.

Notice Recipients

District/Off: 0416-0 User: smckenna Date Created: 5/8/2009 Case: 08-24126 Form ID: pdfparty Total: 7 Recipients of Notice of Electronic Filing: tr Nancy L Spencer Grigsby Grigsbyecf@ch13md.com aty William Augustus Blagogee williamblagogee354@msn.com TOTAL: 2 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Joseph Adjei 541 Primus Court Frederick, MD 21703 cr Saxon Mortgage 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Lori L. Decker Director of Treasury 30 N. Market St. Frederick, MD 21701 Saxon Mortgage Coey M. Robertus 1270 Northland Drive Ste. 200 Mendota Heights, MN 55120 CSC-Lawyers 7 St. Paul St. #1660 Baltimore, MD 21202 TOTAL: 5

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IN RE ADJEI
(May 7, 2009)