Nov
07
2017
Fisher, In re--Slobodian v. Pa. State Univ.
Ruling:
Cause existed for trustee to avoid tuition payments as constructively fraudulent transfers afterit was deemed that no economic or other value was received for the payments. (Bankr. M.D.Pa.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #0218-083
Oct
20
2017
Smith & Morris Holdings, LLC, In re
Ruling:
Claim for attorney's fees disallowed as the claim was based on a writing that was not attached to the proof of claim. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on October 20,2017, LexisNexis #1117-115
Sep
22
2017
Travis, In re--DeHart v. Travis
Ruling:
Court denied confirmation of debtors' plans for containing provisions that violated the bankruptcy code. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 22,2017, LexisNexis #1017-115
Aug
18
2017
Bridgeforth, In re--DeHart v. Bridgeforth
Ruling:
Failure of the debtor to present a confirmed plan within the course of 3 years was deemed bythe court to be an unreasonable delay which could be cause for dismissal if not addressedimmediately. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-085
Jul
28
2017
Demeza, In re--Hackerman v. Demeza
Ruling:
Creditor failed to plead a plausible claim under § 523 (a)(4) for nondischargeability as the course of dealing between the creditor and debtor only created an ordinary contractual relationship. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 28,2017, LexisNexis #0917-047
Jun
16
2017
Blair, In re--PHI Air Med., L.L.C. v. Blair
Ruling:
There was no larceny, embezzlement, nor violation of fiduciary trust as the debtor was notacting in a fiduciary capacity with respect to the fund he received from the insurer. (Bankr.M.D. Pa.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-071
Apr
11
2017
Pangaro, In re--DeHart v. Vito's Towing, Inc.
Ruling:
Unsecured claims filed after the 90-day deadline disallowed since neither rule 3002 nor rule9006 allowed late claims for debtor's failure to schedule the claims. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on April 11,2017, LexisNexis #0517-087
Feb
09
2017
Martin, In re--Martin v. Bank of New York Mellon
Ruling:
Assertions contained in bank's request for admission were deemed admitted after debtor's failure to respond after the requests were sent. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 09,2017, LexisNexis #0317-049
Jan
30
2017
Ream Props., LLC, In re--Ream Props., LLC v. Hamilton
Ruling:
Court would not enjoin the criminal proceeding against principal because it would beinappropriate to extend relief to the principal that would be unavailable to him if he were thedebtor. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on January 30,2017, LexisNexis #0317-003
Jan
25
2017
Insinger Performance, Inc. v. Sheaffer (In re Sheaffer)
Ruling:
Buyer's complaint against debtor dismissed in part as their amended complaint lackedallegations that debtors were acting in a fiduciary capacity and allegations of specific factsregarding debtors' fraudulent misrepresentation. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on January 25,2017, LexisNexis #0217-085
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