Middle District

Colon, In re--Disen v. Bayview Loan Serving, LLC

Ruling: 
Bankruptcy court lacked jurisdiction over potential claims that arose long after debtor'sdischarge as such claims could have no impact upon the estate's handling andadministration. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on May 31,2022, LexisNexis #0722-086

Benio, In re

Ruling: 
Chapter 13 debtor's bankruptcy filing was held to be in bad faith based on her prior serialfiling history that was done to shield her property from a tax sale. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on April 08,2022, LexisNexis #0622-046

Kipps, In re--Kipps v. Stincavage-Kipps

Ruling: 
Defendant’s refusal to release bank accounts and execution of deeds pursuant to court orderwere not willful violations of the automatic stay. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on March 31,2022, LexisNexis #0522-076

Auto, Inc. (In re East Shore Auto, Inc., Shore--Auto Trakk, LLC v. East

Ruling: 
Buyer was entitled to a declaratory judgment in its favor where debtor's sale of the subjectvehicles to it was free and clear of a lienholder's perfected liens. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on March 11,2022, LexisNexis #0522-010

Florimonte, In re--Scranton Laminated Labels, Inc. v. Florimonte

Ruling: 
Issue preclusion did not apply in nondischargeability proceeding as the issue of willfulnesswas neither litigated nor determined by a final and valid judgment. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 22,2022, LexisNexis #0422-040

Roman Cath. Diocese of Harrisburg, In re

Ruling: 
Official Committee of Tort Claimants granted derivative standing to pursue avoidanceaction against debtor diocese. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on February 17,2022, LexisNexis #0422-016

Hurlbutt, In re--Reynolds v. Hurlbutt

Ruling: 
Dismissal of Chapter 13 debtor's case for lack of good faith was not warranted as debtor madean honest effort to pay as much of judgment creditor's claim as she could with settlementproceeds. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on December 23,2021, LexisNexis #0222-073

Margavitch, In re--Margavitch v. Southlake Holdings, LLC

Ruling: 
Debtor failed to establish that creditors' refusal to withdraw the valid pre-petition attachmentonce they were informed that debtor had filed for bankruptcy was a stay violation. (Bankr.M.D. Pa.)
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Consumer case opionion summary, case decided on October 06,2021, LexisNexis #1121-080

R & K Realty, In re

Ruling: 
General partner’s motion to dismiss involuntary petition filed by the other general partnerdenied. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on September 03,2021, LexisNexis #1021-076

Rickabaugh, In re--Rickabaugh v. Rickabaugh

Ruling: 
Dismissal of debtor's Chapter 13 case was not warranted as debtor's efforts to fulfill his dutiesunder the Bankruptcy Code appeared to be reasonable and court did not discern any intent todefraud. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-098

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