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pennsylvania of 2nd circuit

Carpenter, In re

Ruling
Attorney's application for fees was excessive as his invoice contained many entries that did not reflect a proper delegation of duties, excessive amounts billed to tasks, and non-billable administrative tasks. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-073

In re Maritas, International Unions, Sec., Police and Fire Pros. of Am. v. Maritas

Ruling
Creditors were entitled to relief from the automatic stay to proceed with litigation that would consolidate the resolution of all claims and parties in their respective forums. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-028

Iacovazzi, In re--SnowWolf v. Iacovazzi

Ruling
Plaintiff's complaint alleged sufficient facts to support non-dischargeability and breach of contract claim based on defendant's intentional misrepresentation of using non-existent business entity. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 26, 2024 , LexisNexis #1224-037

Koger, In re--Usoroh v. Koger

Ruling
Buyer was entitled to relief from the bankruptcy stay to gain possession of Chapter 7 debtor's home purchased in a sheriff's sale as debtor lacked any legal or equitable interest in property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-026

Plevyak, In re

Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-073

Smith, In re

Ruling
Debt was nondischargeable as debtor willfully and maliciously converted receivables that belonged to another. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1124-032

Gurnari, In re

Ruling
Debtors were permitted to bifurcate a bank's secured claim as the note and mortgage maturedbefore filing of the bankruptcy case, allowing for cramdown. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-022

Brown, In re

Ruling
Bankruptcy court held that the revived judgment plus post-judgment, pre-petition interestaccrued thereon was nondischargeable. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-013

Batt, In re

Ruling
Dismissal of debtor's case denied as the bankruptcy court found no allegations of extravagantspending or inability to pay debts when incurred that would support a finding of an abuse ofthe provisions of Chapter 7. (Bankr. E.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #0924-093

Guza, In re

Ruling
Debtors were not eligible as their voluntary dismissal of their prior bankruptcy case wascausally connected to the granting of a motion for relief from stay filed by their mortgagelender. (Bankr. M.D. Pa.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

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Consumer opinion summary, case decided on July 25, 2024 , LexisNexis #0924-052