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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : IN RE: SHIRLEY FOREMAN : SHIRLEY FOREMAN v. CURTIS L. MARTIN : MEMORANDUM OPINION This case is before the court on appeal from the Order of United States Bankruptcy Judge Duncan Keir granting relief from the automatic stay to allow for the eviction of Appellant Shirley Foreman from premises owned by Appellee Curtis L. Martin. : : Civil Action No. DKC 2001-2801 :

Presently pending and ready for resolution are

1) the motion by

Appellee to dismiss the appeal as moot in light of Appellant's eviction, and 2) the motion of Appellant for an order directing Appellee's attorney to show cause why he should not be held in contempt of court. Oral argument is deemed unnecessary because the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. See Bankr. Rule 8012. For reasons that

follow, the court will grant Appellee's motion to dismiss and deny Appellant's motion for contempt.

I.

Background

The following facts are undisputed or are those of which the court is permitted to take judicial notice. On June 6, 2001,

Appellant Shirley Foreman filed a voluntary petition with the Bankruptcy Court for relief under Chapter 13 of the United States Bankruptcy Code. On June 29, 2001, Appellee Curtis L. Martin filed a motion for relief from the automatic stay seeking to enforce a December 14, 1999, Consent Order, a June 26, 2000, Amended Order, and a June 7, 2001, Order entered by the Circuit Court for Montgomery County requiring the eviction of Appellant, her spouse and their mobile home from Appellee's property at 18715 Brooke Road in Sandy Spring, Maryland. After a hearing on August 10, 2001, the bankruptcy court entered an order on August 21, 2001, determining that the automatic stay did not apply pursuant to 11 U.S.C.

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