In re: Dorene Robinson v. The Bank of New York Mellon

District Court, D. Maryland·Decided August 28, 2026·No. 8:26-cv-01612·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN RE: DORENE ROBINSON : _________________________________

DORENE ROBINSON :

Appellant :

v. : Civil Action No. DKC 26-1612

THE BANK OF NEW YORK MELLON :

Appellee :

MEMORANDUM OPINION Appellant Dorene Robinson (“Ms. Robinson”), a debtor in the underlying bankruptcy case, appeals from the Order of Bankruptcy Judge Lori S. Simpson, denying her Motion for Determination of Stay Violation (“Order”). (ECF No. 1). The issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the order of the bankruptcy court will be affirmed. I. Background On January 7, 2025, the property then-owned by Ms. Robinson at 9133 Granite Court, Waldorf, MD 20603 (“Property”) was sold at a public foreclosure auction. (ECF No. 3-1, at 2). A Maryland state court ratified the sale on February 26, 2025. (Id.). The state court also referred the matter to an auditor. (Id.). On March 3, 2025, Ms. Robinson filed a Voluntary Petition for bankruptcy with the Bankruptcy Court for the District of Maryland. (Id.); In re Robinson, Bankr. Case No. 25-11792-LSS (Bankr. D.Md. Mar. 3, 2025) (“Bankr. Case I”). This petition triggered an “automatic stay” of enforcement actions, actions to obtain

property, and other claims against Ms. Robinson and her property interests. See 11 U.S.C. § 362. The Bankruptcy Court dismissed the case and terminated the automatic stay on September 30, 2025, because Ms. Robinson was barred from filing for bankruptcy at the time of her petition. (ECF No. 3-1, at 2); Bankr. Case I, ECF No. 156. On July 24, 2025, while the automatic stay was in effect, the state court entered an order ratifying the auditor’s report. (ECF No. 6, at 3). The order also denied a motion by Ms. Robinson challenging the ratification of the foreclosure. In re Robinson, Bankr. Case No. 25-20687-LSS (Bankr. D.Md. Apr. 6, 2026) (“Bankr. Case II”), ECF No. 85, at 2. On October 31, 2025, after the stay

was terminated, the deed to the Property was recorded in county land records. Id. Ms. Robinson again filed for bankruptcy on November 13, 2025, initiating the current bankruptcy case. Bankr. Case II, ECF No. 1. The Bank of New York Mellon fka the Bank of New York (“Appellee”) filed a Notice of Appearance and an Objection to Ms. Robinson’s proposed Chapter 13 Plan, asserting that it held an interest in the Property. Bankr. Case II, ECF Nos. 38; 39. 2 Ms. Robinson filed a motion seeking a declaration that the state court’s July 24 order and the October 31 deed recording “violated the [March 3] automatic stay and were void.” (ECF No.

8, at 6). Ms. Robinson also requested an evidentiary hearing on the matter. Id. at 7. Appellee opposed the motion. (ECF No. 7, at 4). On April 22, 2026, the Bankruptcy Court denied the motion, holding that the Property was not subject to the automatic stay because the state court’s ratification of the foreclosure sale “divested [Ms. Robinson] completely of any interest in the property before [she] filed her bankruptcy petition.” (ECF No. 1-1, at 2 (quoting Scott v. Bierman, 429 F.App’x 225, 231 (4th Cir. 2011))(citation modified)). On April 24, 2026, Ms. Robinson filed a notice of appeal of the Order. (ECF No. 1). Ms. Robinson filed her opening brief on June 18, 2026. (ECF No. 6). Appellant filed their brief on July

16, 2026. (ECF No. 7). Ms. Robinson filed her reply brief on July 30, 2026. (ECF No. 8). II. Standard of Review This court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158(a), which states in relevant part: “The district courts of the United States shall have jurisdiction to hear appeals[ ] (1) from final judgments, orders, and decrees . . . of

3 bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title.” In an appeal from Bankruptcy Court, this Court reviews factual findings for clear error and conclusions of law de novo. Gold v. First Tenn. Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423, 429 (4th Cir. 2014). A finding is clearly erroneous only if, after reviewing the record, the reviewing court is left with “a firm and definite conviction that a mistake has been committed.” Klein v. PepsiCo, Inc., 845 F.2d 76, 79 (4th Cir. 1988). Ekweani v. Thomas, 574 B.R. 561, 567 (D.Md. 2017). III. Analysis An automatic stay protects “the property of the estate” against post-petition actions to obtain possession, enforcements of judgments, and liens. 11 U.S.C. § 362(a)(2)–(5). The property of the estate is comprised of “all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case,” subject to exceptions not relevant here. 11 U.S.C. § 541(a)(1); see also In re Alvarez, 733 F.3d. 136, 141 (4th Cir. 2013). Ms. Robinson argues that she retained a legal interest in the Property at the time she filed for bankruptcy on March 3, 2025. (ECF No. 8, at 5). At the least, Ms. Robinson maintains that the Bankruptcy Court should have held an evidentiary hearing on the question. (ECF No. 8, at 10–11). There are no factual disputes on the chronology relevant to this appeal, and the Bankruptcy Court properly recited the applicable law: at the time of the 4 commencement of the bankruptcy case, Ms. Robinson no longer had an interest in the Property. (ECF No. 1-1, at 2). Accordingly, the Order will be affirmed.

“[W]hen determining the substance of property rights and security interests in bankruptcy, ‘the basic federal rule is that state law governs.’” In re Price, 562 F.3d 618, 624 (4th Cir. 2009) (quoting Butner v. United States, 440 U.S. 48, 57 (1979)). Maryland state law applies here because the Property is located in Maryland. See Singh v. Shao Lin Lai, 417 F.Supp.3d 694, 700 (D.Md. 2019); Scott, 429 Fed.App’x at 229. Under Maryland law, a foreclosure sale must be ratified by the state court. Md. R. 14-305(f). It is this ratification of the sale “that allows title of the property to pass to the purchaser” and “terminates the mortgagor’s interest in the property.” Laney v. State, 379 Md. 522, 539 (2004); see also Md.

Code Ann., Real Prop. Section 7-105(c) (West 2026) (foreclosure sale, ratification and payment of purchase money “operate[] to pass all the title which the borrower had in the property at the time of the recording of the mortgage or deed of trust”). The ratification thus leaves the former owner with no interest in the property to be carried into a future bankruptcy estate. See Singh, 417 F.Supp.3d. at 701 (holding that following the ratification of

5 a foreclosure sale, “the mortgagor's interest in the property is extinguished completely”); Scott, 429 Fed.App’x at 230. Further state court procedures, such as a referral to an

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In re: Dorene Robinson v. The Bank of New York Mellon, (D. Md. 2026).

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574 B.R. 561 (D. Maryland, 2017)
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845 F.2d 76 (Fourth Circuit, 1988)