Judge Frank

In re Saxbys Coffee Worldwide LLC

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code, and proposed a plan for reorganizing its business. The United States Trustee (UST) and three creditors filed objections to the debtor's plan.
Ruling: 
Confirmation of chapter 11 plan denied due to improper release of claims between non- debtors and lack of support by majority of creditors.
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Commercial case opionion summary, case decided on September 22,2010, LexisNexis #1010-091

In re Coley

Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that $18,620.75 of the interest he held in his residence was exempt property under 11 U.S.C.S. § 522. The debtor filed a motion to avoid a judicial lien which a judgment creditor had placed on his residence, except to the extent of $11,605.66, and the creditor opposed the motion, claiming that its lien was non- avoidable to the extent of $51,379.25.
Ruling: 
Judicial lien impairing exemption could be avoided.
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Consumer case opionion summary, case decided on September 22,2010, LexisNexis #1010-085

Bryen v. United States (In re Bryen)

Plaintiff-debtor moved to reopen his case and brought an adversary complaint, seeking a determination that his debt to defendant United States Internal Revenue Service (IRS) for unpaid taxes had been discharged in September 2004, in his Chapter 7 filing. The IRS asserted that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
IRS tax debt that debtor willfully attempted to evade or defeat was nondischargeable.
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Consumer case opionion summary, case decided on August 13,2010, LexisNexis #0910-033

In re Berkman

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and he asked the court for an order authorizing the release of real estate brokers' commissions that had been placed in escrow. The Acting United States Trustee (UST) filed an objection to the motion.
Ruling: 
Escrowed commission for real estate broker in postpetition sale could not be released as retention had not been approved by court.
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Consumer case opionion summary, case decided on March 10,2010, LexisNexis #0510-073

In re Berkman

Debtor filed a petition under chapter 11, and a person (joint owner) who owned real property with the debtor filed a motion seeking permission under 11 U.S.C.S. § 363(e), or alternatively under 11 U.S.C.S. § 362(d), to collect rents and pay expenses. The Acting U.S. Trustee (UST) filed a motion seeking an order appointing a chapter 11 trustee or converting the case to one under chapter 7 of the Bankruptcy Code.
Ruling: 
Motion by joint owner of debtor's property for permission to collect rents granted after conversion to chapter 7.
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Consumer case opionion summary, case decided on March 10,2010, LexisNexis #0510-079

Taylor v. Fechnay (In re Fechnay)

Plaintiff judgment creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a default judgment she obtained against the debtor in the Court of Common Pleas, Montgomery County, Pennsylvania, was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling: 
Default judgment for sexual battery by debtor psychiatrist was nondischargeable.
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Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0610-053

Fowler v. Rauso (In re Fowler)

The debtor and her husband, brought a claim to invalidate and rescind a transaction whereby defendants, an interloper, his transferees, and their new mortgagee, obtained title to the plaintiffs' real property, pursuant to 73 Pa. Stat. Ann. §§ 201-7 and 201-9.2 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 11 U.S.C.S. §§ 544, 522(h), and (g)(1). They also sought damages, attorneys' fees, and costs.
Ruling: 
Transfer effectuated by third party who falsely offered to help debtor avert foreclosure avoided.
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Consumer case opionion summary, case decided on March 03,2010, LexisNexis #0410-092

Morrison v. Harrsch (In re Harrsch)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that her pending tort claim against the debtor for personal injury was not dischargeable under 11 U.S.C.S. § 1328(a)(4) based on willful or malicious conduct of the debtor. The debtor moved to dismiss the complaint for failure to state a claim.
Ruling: 
Creditor could seek nondischargeability of damages for willful and malicious injury awarded after commencement of debtor's case.
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Consumer case opionion summary, case decided on January 19,2010, LexisNexis #0210-129

Janssen v. Chase Home Fin. LLC (In re Jannsen)

In this adversary proceeding, plaintiff debtor alleged that defendant mortgage creditor failed to abide by the terms of his confirmed chapter 13 plan and requested that the court fashion a remedy to enforce the confirmed plan. The creditor filed a Motion to Enforce and Approve Settlement Agreement and for Imposing Fees and Costs Against the Amount of the Settlement.
Ruling: 
Oral settlement of dispute over creditor's compliance with plan was enforceable.
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Consumer case opionion summary, case decided on December 29,2009, LexisNexis #0210-140

Saxbys Coffee Worldwide LLC v. Larson (In re Saxbys Coffee Worldwide LLC)

Plaintiff limited liability company (LLC), filed a petition under chapter 11 of the Bankruptcy Code and an adversary proceeding against defendants, parties who had sued two people (owners) who owned the LLC and others, seeking an injunction under 11 U.S.C.S. § 105(a) which restrained defendants from prosecuting their actions against the owners and other non-debtors. The debtor requested an expedited hearing on its motion.
Ruling: 
Injunction issued to bar actions against owners of debtor LLC.
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Commercial case opionion summary, case decided on December 04,2009, LexisNexis #1209-108

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