Show Cause Proceeding/LLC/Creditor Harrassment.

[tobee43]

Interesting. I have never seen this in the context of a bk. Are the bk courts in Maryland that overwhelmed with filings? Maybe not a bad idea to keep the dockets in order and cases moving along.

Des.

well since i'm confused with respect to whether the landlord issue (lease) is to do directly with the llc or the actual bk that is filed. my understanding is the llc was not included in those proceedings, i figured the motion for the show cause may be heard in a "regular" court. i thought the leases were under the direction of the llc and not the personal liabililty aspect of his/her case. (what do i know LOL!)

[LadyInTheRed]

tobee43, maybe I can help clear up your confusion.

The OP is in BK court and has not indicated anything about a state court action. Rule 9-208 about referring cases to a Master is a Maryland family court rule. The lease was originally in the name of ECW LLC, but when OP renewed it, he renewed it in the name of DWIP LLC. He later found out that DWIP LLC was never formed, so it is really just his dba. The OP, as an individual, is the real Lessee. The lease is part of the BK estate and under the jurisdiction of the bankruptcy court. The show cause hearing has to do with the landlord's violation of the automatic stay and will be in front of a judge.

[wirelessdog]

Very well put. I wish I could explain as clearly in as few words. Thanks!

[justbroke]

We do this everyday wirelessdog.

[tobee43]

tobee43, maybe I can help clear up your confusion.

The OP is in BK court and has not indicated anything about a state court action. Rule 9-208 about referring cases to a Master is a Maryland family court rule. The lease was originally in the name of ECW LLC, but when OP renewed it, he renewed it in the name of DWIP LLC. He later found out that DWIP LLC was never formed, so it is really just his dba. The OP, as an individual, is the real Lessee. The lease is part of the BK estate and under the jurisdiction of the bankruptcy court. The show cause hearing has to do with the landlord's violation of the automatic stay and will be in front of a judge.

thanks lady, that does clear it up, although i do under masters are used in other cirucumstances on occasion, and i just didn't understand whether this was bk issue, until now LOL!. this is an interesting situation to review and an excellent discussion.

yes, dog, isn't nice when someone can put what you are thinking in a few sentances!

thanks again lady