Apr
22
2021
Herring, In re--NITV Fed. Servs., LLC v. Herring
Ruling:
Collateral estoppel did not apply to render state court judgment nondischargeable where therewas not a complete identity of the issues. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on April 22,2021, LexisNexis #0621-012
Apr
14
2021
Chew, In re
Ruling:
Prepetition claim for mortgage arrears was accurate where creditor was entitled to include anescrow deficiency and an escrow shortage in the chapter 13 plan. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on April 14,2021, LexisNexis #0521-098
Mar
25
2021
Thomas, In re--Thomas v. City of Phila.
Ruling:
City did not violate the discharge injunction by seeking to enforce liens that passed throughdebtor's bankruptcy unaffected. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on March 25,2021, LexisNexis #0521-009
Feb
26
2021
Ricca, In re
Ruling:
Debtor husband's interest in expected inheritance from his father was property of the Chapter7 estate, subject to the lender's security interest. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 26,2021, LexisNexis #0421-046
Feb
11
2021
Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC
Ruling:
Withdrawal of the reference was warranted as the adversary proceeding between nondebtor parties no longer had any bearing on the bankruptcy estate. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on February 11,2021, LexisNexis #0321-096
Feb
10
2021
Peta, In re
Ruling:
Court denied the stay relief motion because debtor's multiple bankruptcy cases were notintended to hinder or delay the bank. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-077
Feb
10
2021
Butko, In re--Butko v. Ciccozzi
Ruling:
Court denied debtors' motion for a stay of a scheduled eviction where out of four issues thedebtors planned to raise on appeal, only one had any chance of success. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-072
Jan
21
2021
Phat, In re--Chen v. Phat
Ruling:
Debt was dischargeable where creditors had not demonstrated that the debtor intended todeceive them when he signed the settlement agreement or that he should have known that hecould not satisfy the terms of the agreement. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on January 21,2021, LexisNexis #0221-085
Jan
14
2021
Reckart, In re--State Emples. Credit Union of Md., Inc. v. Reckart
Ruling:
Conditional relief from stay granted as debtors' repeated bankruptcy petitions did notamount to a scheme to defraud the creditor. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on January 14,2021, LexisNexis #0221-054
Jan
07
2021
Cracked Egg, LLC, In re--County of Allegheny v. Cracked Egg, LLC
Ruling:
County's motion for relief from automatic stay was granted without need to addressconstitutionality of Covid-19 control measures. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on January 07,2021, LexisNexis #0221-031
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