Skip to main content

Page Banner(Taxonomy)

eastern district

Vascular Access Ctrs., L.P., In re

Ruling
Sanctions were warranted against the former partner for bad faith conduct in filing meritlesscash collateral motion. (Bankr. E.D. Pa.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

ABI Membership is required to access the full summary of Vascular Access Ctrs., L.P., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 01, 2022 , LexisNexis #0223-024

Busby, In re

Ruling
Debtor was not entitled to an award of damages as she had not established that the mortgageeor its counsel violated the discharge injunction by seeking payment of the mortgagee'smortgage against the ex-husband's tenant. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.

ABI Membership is required to access the full summary of Busby, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 01, 2022 , LexisNexis #0922-076

Badolato, In re

Ruling
Judgment lien was totally avoided as and impairing the debtor's exemption in the subjectproperty. (Bankr. E.D. Pa.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Badolato, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2022 , LexisNexis #0922-033

Silvera, In re

Ruling
Voluntary dismissal granted due to potential harm to the debtor as a result of counsel'sfailure to disclose debtor's ownership of a residence. (Bankr. E.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

ABI Membership is required to access the full summary of Silvera, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 14, 2022 , LexisNexis #0922-013

Lewisberry Partners, LLC, In re

Ruling
There is no federal bankruptcy right to modify a creditor's contractual right to collect defaultinterest otherwise collectible under the parties' loan contract. (Bankr. E.D. Pa.)
Issue(s)
Impairment of Claims or Interests; When Default Rights Are Not Impaired.

ABI Membership is required to access the full summary of Lewisberry Partners, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 01, 2022 , LexisNexis #0822-070

Ames, In re

Ruling
Debtor did not file Chapter 13 bankruptcy case in good faith as debtor's most substantial debtarose from conduct that was in the nature of a misappropriation. (Bankr. E.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.

ABI Membership is required to access the full summary of Ames, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 17, 2022 , LexisNexis #0822-046

Picard, In re

Ruling
Civil judgment entered against debtor in connection with his attack on the creditor was foundto be dischargeable as debtor was experiencing a psychotic episode at the time of the attack.(Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Picard, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 10, 2022 , LexisNexis #0822-009

Delaware Valley Lift Truck Inc., In re

Ruling
Debtor’s counsel sanctioned for orchestrating the filing of the bankruptcy petition for animproper purpose and to disrupt district court litigation. (Bankr. E.D. Pa.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of Delaware Valley Lift Truck Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 25, 2022 , LexisNexis #0722-051

Farber, In re

Ruling
Debtor's claim of exemption as to retirement funds was disallowed. (Bankr. E.D. Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Retirement Funds.

ABI Membership is required to access the full summary of Farber, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 26, 2022 , LexisNexis #0622-082

Bernhard, In re--Bernhard v. Kull

Ruling
Creditors and their attorneys' responses did not warrant the imposition of Rule 9011 sanctionsas they did not impede the debtor's ability to create the factual record he needed to support hisclaim. (Bankr. E.D. Pa.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and

ABI Membership is required to access the full summary of Bernhard, In re--Bernhard v. Kull Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-075