In re Greenly
Oct
12
2012
Ruling
Monthly personal injury settlement payments needed for support were exempt but additional lump sum payments were not exempt.
Procedural posture
Debtors declared chapter 7 bankruptcy and claimed that monthly payments the female debtor received under a structured settlement agreement were exempt from creditors' claims. The debtors amended their schedules and claimed that monthly payments and lump-sum payments the female debtor received under the settlement and an annuity were exempt from creditors' claims. The chapter 7 trustee filed an objection to the debtors' claim.
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Court
:
- 11 U.S.C.
Milestone Constr. Mgmt. v. Stein (In re Stein)
Oct
05
2012
Ruling
Debtor contractor's use of advance payments on other projects resulted in nondischargeable debt.
Procedural posture
Construction management company ("creditor") filed an adversary proceeding against defendant chapter 13 debtors, seeking a determination that a claim in the amount of $228,975 which it filed against the debtors' bankruptcy estate, plus continuing interest of $60 per day, was nondischargeable under 11 U.S.C.S. §§ 523(a)(2) and 1328(a)(2). The case was tried to the court.
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Court
:
In re VitaminSpice
Apr
19
2012
Ruling
Involuntary case dismissed due to failure to establish debtor was not paying debts as they came due.
Procedural posture
Petitioning creditors filed an involuntary petition against a Wyoming corporation ("debtor") under chapter 11 of the Bankruptcy Code, and asked the court to appoint a trustee to administer the debtor's bankruptcy estate. The debtor filed a motion to dismiss the case and asked the court for an award of attorney's fees and costs pursuant to 11 U.S.C.S. § 303(i)(1) and (2). The court held a hearing on the debtor's motion.
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Court
:
- 11 U.S.C.
In re Graves
Jan
24
2012
Ruling
Debtor could not claim exemption in settlement proceeds of spouse's loss of consortium claim.
Procedural posture
A standing chapter 13 trustee objected to an amended claim of exemptions filed by the chapter 13 debtors. The trustee objected to the claim filed by the debtor wife for an exemption under 11 U.S.C.S. § 522(d)(11)(D) for a loss of consortium claim relating to a pre-petition automobile accident involving only the debtor husband.
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Court
:
- 11 U.S.C.
Salem Baptist Church of Jenkintown v. Federal Ins. Co. (In re Salem Baptist Church of Jenkintown)
Aug
25
2011
Ruling
Proceeds of professional liability insurance policy of debtor's arbitration lawyers were not property of the estate absent judgment.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC)
Jun
29
2011
Ruling
State court action against debtor's principals enjoined due to threat to debtor's ability to reorganize.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Stone Res. Inc.
Mar
28
2011
Ruling
Relief from stay to enforce injunction denied as potential harm to creditor did not outweigh potential harm to estate.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Chandler
Dec
17
2010
Ruling
Debtor's spouse allowed relief from stay to pursue equitable distribution and other divorce issues but not sale of property of contempt action.
Procedural posture
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.
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Court
:
- 11 U.S.C.
South Philadelphia Donuts Inc. v. Nenner (In re Nenner)
Nov
29
2010
Ruling
Debtor's misallocation of creditor's insurance premium payments and attempts to hide wrongdoing resulted in nondischargeable debt.
Procedural posture
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), 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.
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Court
:
In re Kitchin
Nov
09
2010
Ruling
Debtor was personally liable for loan to LLC, proceeds of which were used for debtor's own business.
Procedural posture
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.
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Court
: