Judge Coleman

McVay v. Henderson (In re Henderson)

United States Trustee (UST) filed a complaint for revocation of the discharge of defendant debtor under 11 U.S.C.S. § 727(d)(1). The UST alleged that the debtor had failed to disclose $5,000 that she had stashed in her night stand. The court held a trial.
Ruling: 
Nondisclosure of cash due to prescription medicine induced memory problem was not grounds for revocation of discharge.
ABI Membership is required to access the full summary of McVay v. Henderson (In re Henderson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-062

Salem Baptist Church of Jenkintown v. Federal Ins. Co. (In re Salem Baptist Church of Jenkintown)

Chapter 11 debtor, a church, filed an adversary proceeding against defendants, an insurance company, a law firm, two lawyers who worked for the firm, and others, seeking a judgment declaring, inter alia, that the proceeds of a professional liability insurance policy the insurance company issued to the law firm belonged to the debtor's bankruptcy estate under 11 U.S.C.S. § 541. Defendants filed motions to dismiss.
Ruling: 
Proceeds of professional liability insurance policy of debtor's arbitration lawyers were not property of the estate absent judgment.
ABI Membership is required to access the full summary of Salem Baptist Church of Jenkintown v. Federal Ins. Co. (In re Salem Baptist Church of Jenkintown). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 25,2011, LexisNexis #0911-125

Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC)

Plaintiff Chapter 11 debtor filed an adversary proceeding against defendants, an equipment company and others, seeking a preliminary injunction which stayed enforcement of proceedings defendants filed against the debtor's principals in state court. The equipment company opposed the debtor's action, claiming that the court lacked jurisdiction under the Anti- Injunction Act and the Rooker-Feldman doctrine to hear the debtor's action.
Ruling: 
State court action against debtor's principals enjoined due to threat to debtor's ability to reorganize.
ABI Membership is required to access the full summary of Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 29,2011, LexisNexis #0811-036

In re Stone Res. Inc.

Debtor declared chapter 11 bankruptcy, and movant franchiser asked the bankruptcy court to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b) or , in the alternative, to grant the franchiser relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) so it could enforce a preliminary injunction issued by the U.S. District Court for the Eastern District of Pennsylvania. The debtor opposed the motion.
Ruling: 
Relief from stay to enforce injunction denied as potential harm to creditor did not outweigh potential harm to estate.
ABI Membership is required to access the full summary of In re Stone Res. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 28,2011, LexisNexis #0711-004

In re Chandler

Debtor filed a petition under chapter 7 and subsequently converted his case to one under chapter 11. Movant, the debtor's wife, filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the stay that was imposed when the debtor declared bankruptcy so she could pursue certain actions in and connected with divorce proceedings that were filed in state court. The debtor opposed the motion.
Ruling: 
Debtor's spouse allowed relief from stay to pursue equitable distribution and other divorce issues but not sale of property of contempt action.
ABI Membership is required to access the full summary of In re Chandler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-009

South Philadelphia Donuts Inc. v. Nenner (In re Nenner)

Plaintiff judgment creditor filed an adversary proceeding against defendant debtor, requesting a determination that certain debts owed by him to the creditor were nondischargeable under either 11 U.S.C.S. § 523(a)(2)(A) and 11 U.S.C.S. § 523(a)(6), or 11 U.S.C.S. § 523(a)(4). Before the court for consideration was the creditor's Motion for Summary Judgment on its objection to discharge pursuant to § 523(a)(4) for defalcation.
Ruling: 
Debtor's misallocation of creditor's insurance premium payments and attempts to hide wrongdoing resulted in nondischargeable debt.
ABI Membership is required to access the full summary of South Philadelphia Donuts Inc. v. Nenner (In re Nenner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 29,2010, LexisNexis #0111-011

In re Kitchin

Debtors declared bankruptcy and a trust filed a claim in the amount of $257,047.63 against the debtors' bankruptcy estate, claiming that the male debtor was personally liable for a loan which a Pennsylvania limited liability company (LLC) received from the trust based on two theories: participation liability and alter-ego liability. The debtors filed an objection to the trust's claim.
Ruling: 
Debtor was personally liable for loan to LLC, proceeds of which were used for debtor's own business.
ABI Membership is required to access the full summary of In re Kitchin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 09,2010, LexisNexis #1210-046

In re Halfpenny

The court dismissed a pro se Chapter 7 debtor's bankruptcy case for his failure to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h)(1). After the debtor appealed, the court wrote an opinion in support of its order of dismissal.
Ruling: 
Incarcerated debtor who could not demonstrate exigent circumstances was not entitled to waiver of credit counseling requirement, resulting in dismissal.
ABI Membership is required to access the full summary of In re Halfpenny. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 21,2010, LexisNexis #1110-107

Strickland v. Barr (In re Barr)

Defendant debtor filed a motion to dismiss plaintiff creditors' adversary proceeding to determine the dischargeability of their debt, pursuant to 11 U.S.C.S. § 523(a)(2)(A), (6).
Ruling: 
Motion to dismiss late filed dischargeability complaint denied due to insufficient notice of bar date.
ABI Membership is required to access the full summary of Strickland v. Barr (In re Barr). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 09,2009, LexisNexis #0609-009

Pages

Subscribe to Judge Coleman