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Judge Fitzsimon

John P., In re--Customers Bank v. John P.

Ruling: 
Motion to dismiss was granted in part as creditor failed to allege in detail debtors’ intent inmaking an allegedly fraudulent statement. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-021

Black v. Gigliotti (In re Gigliotti)

Ruling: 
Summary judgment granted in favor of debtors in nondischargeability proceeding based on piercing of corporate veil that creditor could not establish.
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Consumer case opionion summary, case decided on March 25,2014, LexisNexis #0414-046

DeAngelis v. Liberatore (In re Liberatore)

Ruling: 
Insufficient evidence of addiction could not prevent denial of discharge for failure to keep records.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-093

In re FrazerExton Dev. LP

Ruling: 
Debtor could not reopen case to file untimely fraud action against bank.
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Commercial case opionion summary, case decided on September 26,2013, LexisNexis #1013-110

Neilson v. Agnew (In re Harris Agency LLC)

Plaintiff chapter 11 trustee filed an amended complaint against defendants seeking, inter alia, to avoid preferential transfers, to avoid and recover allegedly fraudulent transfers, seeking enforcement of a court order, seeking to recover postpetition transfers, seeking turnover, and stating claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. Defendants moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Avoidance proceeding dismissed to the extent trustee made inadequate allegations.
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Commercial case opionion summary, case decided on August 29,2012, LexisNexis #1212-090

Payne v. Lampe (In re Lampe)

On remand from the U.S. Court of Appeals for the Third Circuit, the court considered plaintiff's complaint against defendant debtor, which sought a judgment against the debtor and a determination that the judgment debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
Ruling: 
Fiduciary defalcation which caused reduction in value of stock resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 14,2012, LexisNexis #0912-082

In re Ice Treats One Inc.

Landlords obtained writs of possession of premises occupied by bankruptcy debtors and took possession of the premises, the judgment of possession was subsequently vacated and reentered, and the debtors appealed the judgment which required a de novo proceeding. The debtors moved to hold the landlords in contempt for violating the automatic bankruptcy stay of 11 U.S.C.S. § 362.
Ruling: 
Landlords violated stay by seeking to obtain possession of premises when lease was not terminated prior to petition date.
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Commercial case opionion summary, case decided on September 08,2011, LexisNexis #1011-037

Liebersohn v. Vetri (In re DAmbrosio)

The chapter 7 trustee sought a judgment pursuant to 11 U.S.C.S. § 548(a)(1)(A) and (B), against defendant, the purchaser and transferee of debtors' real property, in the amount of $52,010.19, including $23,597.40 in funds at closing, and 28,422.79, in the form of a deposit.
Ruling: 
Debtor's transfer of funds back to purchaser of property was fraudulent to extent not a reasonable exchange for new value.
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Consumer case opionion summary, case decided on July 18,2011, LexisNexis #0811-094

In re Harris Agency LLC

Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code and obtained permission to hire a law firm to represent its interests. The law firm filed First and Second Interim Applications for Compensation and Reimbursement of Expenses, and the United States Trustee ("UST") and the Chapter 11 Trustee filed objections.
Ruling: 
Debtor's attorneys ordered to disgorge undisclosed postpetition fees.
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Commercial case opionion summary, case decided on June 02,2011, LexisNexis #0711-036

Payne v. Lampe (In re Lampe)

Plaintiff, in his capacity as custodian for chapter 11 debtor's granddaughter, sought a determination that the debt underlying his claim was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(4). The debtor objected to the claim which plaintiff filed in his capacity as custodian for the granddaughter against the estate.
Ruling: 
Debtor did not breach fiduciary duty to granddaughter for whom he was custodian of stock in company of which he was a director.
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Consumer case opionion summary, case decided on November 19,2010, LexisNexis #1210-119

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