Beyha, In re
Mar
04
2020
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.)
Issue(s)
Effect of Confirmation; Claims and Interests of Creditors, Equity Security Holders and
ABI Membership is required to access the full summary of Beyha, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Carbone, In re
Dec
11
2019
Ruling
Revocation of discharge denied where creditor's lack of diligence in uncovering the alleged"new" fraud was dispositive. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Revocation.
ABI Membership is required to access the full summary of Carbone, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jeffery, In re--Artesanias Hacienda Real S.A. de C.V. v. Jeffery
May
07
2019
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.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Jeffery, In re--Artesanias Hacienda Real S.A. de C.V. v. Jeffery Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wilton Armetale, Inc., In re--Wilton Armetale, Inc. v. Gordon Bros. Commer. & Indus., LLC
Mar
11
2019
Ruling
Adversary proceeding dismissed where Chapter 7 trustee abandoned estate's claims againstcreditor. (Bankr. E.D. Pa.)
Issue(s)
Abandonment of Property of the Estate.
ABI Membership is required to access the full summary of Wilton Armetale, Inc., In re--Wilton Armetale, Inc. v. Gordon Bros. Commer. & Indus., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
John P., In re--Customers Bank v. John P.
Jul
27
2018
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.)
Issue(s)
Discharge; Grounds for Denial; Fraud.
ABI Membership is required to access the full summary of John P., In re--Customers Bank v. John P. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Black v. Gigliotti (In re Gigliotti)
Mar
25
2014
Ruling
Summary judgment granted in favor of debtors in nondischargeability proceeding based on piercing of corporate veil that creditor could not establish.
Issue(s)
Did judgment creditors sufficiently establish grounds for piercing a corporate veil so as to maintain a nondischargeability proceeding against individual debtors for a corporate debt?
ABI Membership is required to access the full summary of Black v. Gigliotti (In re Gigliotti) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeAngelis v. Liberatore (In re Liberatore)
Sep
30
2013
Ruling
Insufficient evidence of addiction could not prevent denial of discharge for failure to keep records.
Issue(s)
Did debtor's prescription drug addiction provide justification for her failure to keep records so as to prevent dismissal.
ABI Membership is required to access the full summary of DeAngelis v. Liberatore (In re Liberatore) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re FrazerExton Dev. LP
Sep
26
2013
Ruling
Debtor could not reopen case to file untimely fraud action against bank.
Issue(s)
Whether debtors could reopen their cases under 11 U.S.C.S. § 350(b) in order to obtain relief from a settlement agreement with a bank by filing a motion against the bank under Fed. R. Civ. P. 60(b)(3) and/or filing an independent action for fraud against the bank under Rule 60(d)(1).
ABI Membership is required to access the full summary of In re FrazerExton Dev. LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Neilson v. Agnew (In re Harris Agency LLC)
Aug
29
2012
Ruling
Avoidance proceeding dismissed to the extent trustee made inadequate allegations.
Procedural posture
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).
ABI Membership is required to access the full summary of Neilson v. Agnew (In re Harris Agency LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Payne v. Lampe (In re Lampe)
Aug
14
2012
Ruling
Fiduciary defalcation which caused reduction in value of stock resulted in nondischargeable debt.
Procedural posture
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).
ABI Membership is required to access the full summary of Payne v. Lampe (In re Lampe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: