Feb
07
2019
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
Sep
26
2018
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
Jul
30
2018
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
Jul
25
2018
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
Jul
25
2018
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
Jun
28
2018
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
Jun
28
2018
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
Jun
13
2018
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
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
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