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Pucci v. Pucci

Ruling
Plaintiff's nondishargeability claim against debtor who did remodeling work on their home dismissed as there was no allegation of an unlawful taking of the plaintiff's money. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on March 08, 2017 , LexisNexis #0417-044

Covenant Partners, L.P., In re--Seitz v. Fretz

Ruling
Defendant's motion for summary judgment was denied as their claims were interposedprematurely and did not satisfy the applicable evidentiary standard for the summarydisposition they sought. (Bankr. E.D. Pa.)
Issue(s)
Creation of Remedy.

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Commercial opinion summary, case decided on March 02, 2017 , LexisNexis #0417-024

Zubras v. Miller (In re Miller)

Ruling
Debtor's previous discharge revoked and chapter 7 discharge denied for a finding of bad faith.(Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Revocation.

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Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-053

Seitz v. Frorer (In re Covenant Partners, LP)

Ruling
Trustee’s settlement of avoidance proceeding involving prepetition transfers of stockapproved. (!!br0ken!! E.D. Pa.)
Issue(s)
Whether to grant trustee's motion under Fed. R. Bankr. P. 9019 to approve a compromise of his complaint to avoid and recover prepetition transfers of stock.

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Commercial opinion summary, case decided on August 08, 2016 , LexisNexis #0916-070

In re Black

Ruling
Bank willfully violated the automatic stay by seeking garnishment and was subject to sanctions.
Issue(s)
Should creditor bank and issuing state department of revenue be sanctioned for garnishment that was allegedly a willful violation of the automatic stay?

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Consumer opinion summary, case decided on March 11, 2016 , LexisNexis #0416-043

In re Covenant Partners L.P.

Ruling
Trustee's settlement with SEC approved and any concerns about violation of the absolute priority rule were premature.
Issue(s)
Did absolute priority rule, concerns about preferential treatment and best interests of creditors bar trustee's settlement with the SEC?

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Commercial opinion summary, case decided on December 02, 2015 , LexisNexis #1215-140

In re Felton

Ruling
Objection to exemption in debtor's entireties property overruled.
Issue(s)
Could debtor claim an exemption in entireties property owned with nondebtor spouse who had previously received a discharge?

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Consumer opinion summary, case decided on September 02, 2015 , LexisNexis #0915-113

Seitz v. Frorer (In re Covenant Partners L.P.)

Ruling
Trustee's avoidance claims were sufficiently pled so as to avoid dismissal.
Issue(s)
Should trustee's avoidance proceeding be dismissed for failure to state a claim?

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Consumer opinion summary, case decided on May 22, 2015 , LexisNexis #0615-093

Lopez v. First Judicial Dist. (In re Lopez)

Ruling
Costs associated with criminal proceeding were excepted from discharge, but private collection costs and probation supervision fees were dischargeable.
Issue(s)
Were costs of debtor's criminal proceeding, collection costs paid to a private agency to collect unpaid costs and probation supervision fees associated with the criminal proceeding nondischargeable?

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Consumer opinion summary, case decided on May 18, 2015 , LexisNexis #0615-054

Holber v. Segal (In re Segal)

Ruling
Funds paid to debtor under consulting agreement were not wages and were property of the estate.
Issue(s)
Were funds owed to debtor under consulting agreement property of the estate?

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Consumer opinion summary, case decided on April 22, 2015 , LexisNexis #0515-091