McClain v. Rosen
Appellee: Gary A. Rosen, Bank of New York Mellon Trust (Trust Administrator) and Wells Fargo Bank, N.A.
Appellant: Iris McClain
Case Number: 8:2019cv01976
Filed: July 2, 2019
Court: US District Court for the District of Maryland
Presiding Judge: Paula Xinis
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 11:101
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Filing 9 Appellee's BRIEF by Bank of New York Mellon Trust (Trust Administrator), Wells Fargo Bank, N.A..(Meyer, Sarah)
August 8, 2019 Filing 8 APPELLEES' DESIGNATION of Record on Appeal from U.S. Bankruptcy Court by Bank of New York Mellon Trust (Trust Administrator), Wells Fargo Bank, N.A. re #1 Bankruptcy Appeal. (Attachments: #1 BK #1 Chapter 13 Voluntary Petition, #2 BK #1-1 Notice of Deadline, #3 BK #1-2 Notice Recipients, #4 BK #31 Objection to Proof of Claim Number 3, #5 BK #39 Response to Objection to Proof of Claim Number 3, #6 BK #39-1 Exhibit B: Note, #7 BK #39-2 Exhibit B-1: Deed of Trust, #8 BK #48 Expedited Motion to Continue Hearing, #9 BK #48-1 Proposed Order, #10 BK #58 Motion for Relief from Stay, #11 BK #58-1 Notice of Motion, #12 BK #58-2 Exhibit A: Statement of Debt, #13 BK #58-3 Exhibit B-1: Deed of Trust, #14 BK #58-4 Exhibit B: Note, #15 BK #58-5 Exhibit C: Post Petition Payment History, #16 BK #60 Response to Motion for Relief from Stay, #17 BK #90 Objection to Third Amended Claim Number 3, #18 BK #92 Notice of Appearance and Request for Notice, #19 BK #95 Amended Objection to Third Amended Claim Number 3, #20 BK #95-1 Exhibit A, #21 BK #95-2 Exhibit B, #22 BK #95-3 Exhibit C, #23 BK #95-4 Exhibit D, #24 BK #95-5 Exhibit E, #25 BK #105 Debtor's Veriifed Statement, #26 BK #106 Creditor's Status Report, #27 BK #107 Debtor's Status Report, #28 BK #108 Creditor's Statement of Receipts and Charges, #29 BK #108-1 Exhibit A: Loan History 1997, 1999, #30 BK #108-2 Exhibit B: Loan History 2000-2008, #31 BK #108-3 Exhibit C: Loan History 2008-2011, #32 BK #108-4 Exhibit D: Payoff Summary, #33 BK #108-5 Exhibit E: Affidavit of Custodian of Records, #34 BK #112 Creditor's Pre-Trial Memoranda, #35 BK #113 Creditor's Objection to Debtor's Exhibits, #36 BK #114 Debtor's Pre-Trial Memoranda, #37 BK #115 Debtor's Objection to Creditor's Witness, #38 BK #116 Proceeding Memo for Hearing held 11/2/2011, #39 BK #117 Consent Order Resolving Objection to Proof of Claim Number 3, #40 BK #119 Objection to Confirmation of Plan, #41 BK #119-1 Exhibit A: Note, #42 BK #119-2 Exhibit A-1: Deed of Trust, #43 BK #119-3 Proposed Order, #44 BK #147 Order Discharging Debtor, #45 BK #149 Order Granting Motion for Relief from Stay, #46 BK #151 Motion to Reconsider Order Lifting Stay, #47 BK #153 Response to Motion to Reconsider, #48 BK #154 Order Denying Motion to Reconsider, #49 BK #164 Motion to Reopen Chapter 7 Case, #50 BK #165 Revised Certificate of Service, #51 BK #166 Order Denying Motion to Reopen Chapter 7 Case, #52 BK #168 Notice of Appeal, #53 BK #169 Motion to Recuse Judge Chuang, Judge Grimm and Judge Simpson and for Change of Venue, #54 BK #175 Amended Notice of Filing of Appeal to the USDC, #55 Claims Register 3-1 Claim #33, #56 Claims Register 3-2 Amended Claim #3, #57 Claims Register 3-3 Second Amended Claim #3, #58 Claims Register 3-4 Third Amended Claim #3, #59 Docket Sheet, #60 Transmittal Sheet)(kns, Deputy Clerk)
August 2, 2019 Filing 7 Appellant's BRIEF by Iris McClain.(kns, Deputy Clerk)
July 31, 2019 Filing 6 APPELLANT'S DESIGNATION of Record on Appeal from U.S. Bankruptcy Court by Iris McClain re #1 Bankruptcy Appeal; (Attachments: (Documents from Bankruptcy Case No. 99-22554) #1 BK #164 Motion to Reopen/Set Aside-Basis for Appeal, #2 BK #166 Order Denying Motion to Reopen, #3 BK #168 Notice of Appeal, #4 BK #31 Objection to Proof of Claim, #5 BK #39 Response, #6 BK #39-1 Exhibit B, #7 BK #39-2 Exhibit B-2, #8 BK #48 Motion to Continue Hearing, #9 BK #48-1 Proposed Order, #10 BK #52 Motion to Continue Hearing, #11 BK#52-1 Proposed Order, #12 BK #63 Motion to Amend Scheduling Order, #13 BK #63-1 Proposed Order, #14 BK #68 Motion to Amend Scheduling Order, #15 BK #68-1 Proposed Order, #16 BK #69 Order Amending Scheduling Order and Continuing Hearing Date, #17 BK #71 Motion to Continue Hearing, #18 BK #71-1 Proposed Order, #19 BK#80 Motion to Amend Scheduling Order, #20 BK #80-1 Proposed Order, #21 BK #81 Order Denying Motion to Amend Scheduling Order, #22 BK #83 Proceeding Memo for Hearing Held 2/8/2011, #23 BK #84 Proceeding Memo for Hearing Held 3/15/2011, #24 BK #85 Motion to Continue Hearing, #25 BK #85-1 Proposed Order, #26 BK #86 Motion to Continue Hearing, #27 BK #86-1 Proposed Order, #28 BK #87 Order Rescheduling Hearing, #29 BK #90 Objection to Claim, #30 BK #93 Proceeding Memo for Hearing Held 6/1/2011, #31 BK #95 Amended Objection to Claim, #32 BK #95-1 Exhibit A, #33 BK #95-2 Exhibit B, #34 BK #95-3 Exhibit C, #35 BK #95-4 Exhibit D, #36 BK #95-5 Exhibit E, #37 BK #97 Scheduling Memorandum and Order, #38 BK #99 Amended Scheduling Memorandum and Order, #39 BK #116 Proceeding Memo for Hearing Held 11/2/2011, #40 BK #117 Consent Order Resolving Objection to Claim, #41 BK #120 Motion for Continuance, #42 BK #120-1 Proposed Order, #43 BK #121 Motion to Convert Case to Chapter 7, #44 BK #121-1 Certificate of Service, (Documents from Bankruptcy Case No. 15-13657) #45 BK #28 Objection to Proof of Claim, #46 BK #29 Response to Objection, (Documents from Bankruptcy Case No. 16-22179) #47 BK #29 Order Denying Confirmation, #48 BK #31 Emergency Response, #49 BK #32 Notice of Hearing, #50 BK #33 Motion to Extend Time, #51 BK #33-1 Proposed Order, #52 BK #33-2 Label Matrix, #53 BK #35 Order Granting Motion to Extend Time, #54 BK #37 Correspondence, #55 BK #38 Notice of Hearing, #56 BK #40 Correspondence, #57 BK #41 Motion to Withdraw as Attorney of Record, #58 BK #41-1 Proposed Order, #59 BK #41-2 Label Matrix, #60 BK #42 Order Striking Appearance of Counsel for Debtor, #61 BK #47 Motion to Induce Attorney to Perform, #62 BK #48 Motion to Disallow Claim filed by Wells Fargo, #63 BK #49 Motion Requesting that the Court Take Whatever Necessary and Legal Action to Prosecute the Attorneys Mentioned Below, #64 BK #51 Proceeding Memo for Hearing Held 5/23/2017, #65 BK #53 Order Denying Motion to Induce Attorney to Perform, #66 BK #54 Order Denying Motion, #67 BK #58 Response to Motion to Disallow Claim, #68 BK #58-1 Exhibit, #69 BK #59 Notice of Hearing, #70 BK #60 Notice of Substitution of Counsel, #71 BK #62 Response to Response to Motion to Disallow Claim, #72 BK #63 Notice of Hearing, #73 BK #64 Amended Response to Response to Motion to Disallow Claim, #74 BK #66 Motion for Relief from Stay and for Equitable Servitude, #75 BK #66-1 Notice of Motion, #76 BK #66-2 Exhibits A-C, #77 BK #70 Proceeding Memo for Hearing Held 10/17/2017, #78 BK #68 Motion to Reconsider, #79 BK #69 Deficiency Notice, #80 BK #72 Order Denying Motion to Disallow Claim, #81 BK #74 Order Denying Motion to Reconsider, #82 BK #76 Order Dismissing Case on Failure to Amend, #83 BK #76-1 Notice of Dismissal, #84 BK#77 Motion to Reconsider, #85 BK#78 Objection to Motion for Relief from Stay and for Equitable Servitude, #86 BK #79 Order Denying Motion to Reconsider Order Denying Motion to Disallow Claim, #87 BK #84 Order Denying Motion to Reconsider Order Denying Motion to Reconsider, #88 BK #85 Notice of Reinstated Hearing, #89 BK #88 STRICKEN Chapter 13 Plan, #90 BK #89 Motion for Contempt, #91 BK #91 Response to Order Dismissing Case, #92 BK #92 Coversheet to Formal Ethical Conduct Complaint, #93 BK #97 Order Granting Motion for Relief from Stay and for Equitable Servitude, #94 BK #100 Objection to Motion for Contempt, #95 BK #101 Motion for Stay Pending Appeal, #96 BK #104 Order Striking Amended Chapter 13 Plan, #97 BK #105 Order Denying Motion for Contempt, #98 BK #106 Order Denying the Cover Sheet to Formal Ethical Conduct Complaint, #99 BK #108 Motion to Vacate Order Granting Motion for Relief from Stay and for Equitable Servitude, #100 BK #115 Response to the Court's Denial of Emergency Motion for Stay Pending Appeal, #101 BK #118 Order Denying Motion to Vacate, #102 BK #120 Transcript of Hearing Held 10/17/2017, #103 BK #120-1 Notice of Requirement to Review Transcript, #104 BK #125 Emergency Motion for Stay Pending Appeal, #105 BK #127 Final Order by District Court Judge Theodore D. Chuang re Appeal on Civil Action No. 8:17-cv-03397- Order Dismissing Appeal, #106 BK #128 Motion to Request this Honorable Appeal Court Vacate Order dated April 30, 2018, #107 BK #131 Order Denying Motion to Vacate Order on Motion to Reconsider, #108 BK #135 Order Granting Motion to Extend Time to File the Notice of Intent to Appeal, #109 BK #153 Order Discharging Trustee and Closing Case, #110 BK #156 Notice of Filing of Notice of Appeal, #111 BK #158 Amended Notice of Filing of Notice of Appeal, #112 BK #160 Order Denying Motion to Recuse, #113 BK Case No. 99-22554 Docket Sheet, #114 Bankruptcy Case No. 15-3657 Docket Sheet, #115 Bankruptcy Case No. 16-22179 Docket Sheet, #116 Transmittal Sheet)(kns, Deputy Clerk) Modified on 8/6/2019 (kns, Deputy Clerk).
July 22, 2019 Filing 5 Transmission of Bankruptcy Appeal Record re #1 Bankruptcy Appeal - NO DESIGNATION OF RECORD FILED. (Attachments: #1 BK #171 Order Denying Motion to Recuse, #2 Docket Sheet)(kns, Deputy Clerk)
July 16, 2019 Filing 4 NOTICE of Appearance by Sarah E Meyer on behalf of Bank of New York Mellon Trust (Trust Administrator), Wells Fargo Bank, N.A. (Meyer, Sarah)
July 16, 2019 Filing 3 NOTICE of Appearance by Virginia Wood Barnhart on behalf of Bank of New York Mellon Trust (Trust Administrator), Wells Fargo Bank, N.A. (Barnhart, Virginia)
July 5, 2019 Filing 2 Bankruptcy Notification Letter (c/m 7/5/19 km4s, Deputy Clerk)
July 2, 2019 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. (Greenbelt). Bankruptcy Court case number 09-22554, filed by Iris McClain. Appellant Brief due by 8/1/2019. (Attachments: #1 Order Being Appealed, #2 Motion to Recuse, #3 Docket Sheet, #4 Transmittal Sheet) (km4s, Deputy Clerk)

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Appellee: Gary A. Rosen
Represented By: Gary A Rosen
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Appellee: Bank of New York Mellon Trust (Trust Administrator)
Represented By: Virginia Wood Barnhart
Represented By: Sarah E Meyer
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Appellee: Wells Fargo Bank, N.A.
Represented By: Virginia Wood Barnhart
Represented By: Sarah E Meyer
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Appellant: Iris McClain
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