Judge Fitzsimon

Beyha, In re

Ruling: 
Debtor's case reopened based on a colorable violation of the discharge injunction where thecreditor's lien was divested by debtor's plan. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on March 04,2020, LexisNexis #0420-047

Carbone, In re

Ruling: 
Revocation of discharge denied where creditor's lack of diligence in uncovering the alleged"new" fraud was dispositive. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-063

Jeffery, In re--Artesanias Hacienda Real S.A. de C.V. v. Jeffery

Ruling: 
Debtor's Chapter 11 plan confirmed where under the totality of circumstances, debtor's planwas neither proposed in bad faith nor infeasible. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on May 07,2019, LexisNexis #0719-070

Wilton Armetale, Inc., In re--Wilton Armetale, Inc. v. Gordon Bros. Commer. & Indus., LLC

Ruling: 
Adversary proceeding dismissed where Chapter 7 trustee abandoned estate's claims againstcreditor. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0519-040

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

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