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Middle District

Bell, In re--Bell v. Herrera

Ruling: 
Court held that the agreement in question was not an executory contract as it was neverscheduled as an executory contract, and the Chapter 7 Trustee never assumed or rejected it.(Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 07,2019, LexisNexis #0319-061

Palmiter, In re--Gallo v. Palmiter

Ruling: 
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041

Hrobuchak, In re--Transcontinental Refrigerated Lines, Inc. v. Hrobuchak

Ruling: 
Unscheduled debt was dischargeable as the creditor had been made aware of the chapter 7 adjudication when he spoke to the debtor's chapter 7 trustee. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 30,2018, LexisNexis #0918-047

Topfer, In re--Topfer v. Topfer

Ruling: 
Limited relief from the automatic stay was granted to debtor's wife where court permissivelyabstained from hearing the divorce action and remanded the matter to the state court to allowit to determine matrimonial issues. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-027

Snedeker, In re--Snedeker v. PYOD, LLC

Ruling: 
Objection to claim sustained where claimant did not meet its burden of persuasion when it failed to produce the original documentation with the debtor's signature. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-006

AEH Trucking Co., LLC, In re--Neblett v. United States

Ruling: 
Funds could not be subject to turnover as they were seized and applied to outstandingliabilities before the bankruptcy petition was filed. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on June 28,2018, LexisNexis #0818-015

AEH Trucking Co., LLC, In re--Neblett v. United States

Ruling: 
Funds could not be subject to turnover as they were seized and applied to outstandingliabilities before the bankruptcy petition was filed. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on June 28,2018, LexisNexis #0818-015

Klitsch, In re

Ruling: 
LLC sanctioned for filing three bankruptcy petitions without first securing signatures onthose documents from their clients. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-089

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

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

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