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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ELLEN D. TRUSTY v. STEPHEN D. JONES, ET AL. * * * Civil No. JFM-05-1124 * * ***** MEMORANDUM Plaintiff, Ellen D. Trusty, has appealed from an order of the Bankruptcy Court annulling, nune pro tunc, an automatic stay entered in her bankruptcy proceedings in order to permit appellees to pursue an action for rent in the Circuit Court for Baltimore City, due on the property known as 3901 St. Paul St., Baltimore, Maryland 21218. The record reflects that the Bankruptcy Court properly considered the factors that should be considered in determining whether to grant leave from an automatic stay. In that regard, the record demonstrates the following: appellant and her spouse had filed multiple previous bankruptcy petitions in an effort to maintain their occupancy of the subject property; appellees had previously sought and obtained relief from the automatic stay entered in the bankruptcy proceedings instituted by appellant's spouse; and appellees detrimentally relied on this relief when pursuing the action for rent in the Circuit Court for Baltimore City. A separate order affirming the Bankruptcy Court's order is being entered herewith.

Date: September 20, 2005

_/s/______________________________ J. Frederick Motz United States District Judge

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND ELLEN D. TRUSTY v. STEPHEN D. JONES, ET AL. * * * Civil No. JFM-05-1124 * * ***** ORDER For the reasons stated in the accompanying memorandum, it is, this 20th day of September 2005 ORDERED that the order entered by the Bankruptcy Court on February 25, 2005 annulling the automatic stay in this action permitting appellees to proceed in the Circuit Court for Baltimore City to collect rent previously found to be due and to obtain possession of the real property known as 3901 St. Paul St., Baltimore, Maryland 21218 is hereby affirmed.

_/s/_________________________ J. Frederick Motz United States District Judge

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