- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Court
:
Carpenter, In re
Sep
30
2024
Ruling
Attorney's application for fees was excessive as his invoice contained many entries that did not reflect a proper delegation of duties, excessive amounts billed to tasks, and non-billable administrative tasks. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
:
- 11 U.S.C.
Iacovazzi, In re--SnowWolf v. Iacovazzi
Sep
26
2024
Ruling
Plaintiff's complaint alleged sufficient facts to support non-dischargeability and breach of contract claim based on defendant's intentional misrepresentation of using non-existent business entity. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Plevyak, In re
Sep
06
2024
Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.
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Court
:
- 11 U.S.C.
Gurnari, In re
Jul
31
2024
Ruling
Debtors were permitted to bifurcate a bank's secured claim as the note and mortgage maturedbefore filing of the bankruptcy case, allowing for cramdown. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Guza, In re
Jul
25
2024
Ruling
Debtors were not eligible as their voluntary dismissal of their prior bankruptcy case wascausally connected to the granting of a motion for relief from stay filed by their mortgagelender. (Bankr. M.D. Pa.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
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Court
:
- 11 U.S.C.
McNeal, In re--McNeal v. Brouse
Jun
07
2024
Ruling
Debtor lacked standing to assert Chapter 13 trustee’s avoidance powers under § 548 and failedto assert its own avoidance rights under § 522. (Bankr. M.D. Pa.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
Iacovazzi, In re--SnowWolf v. Iacovazzi
Mar
22
2024
Ruling
Plaintiff failed to state a claim because plaintiff did not make any specific factual allegationsregarding defendant's fraudulent conduct or what fraudulent pretenses or representationswere made. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Yoncuski, In re--Deitrick v. Yoncuski
Sep
29
2023
Ruling
A Chapter 13 discharge does not except debts on the basis of willful and malicious injury.(Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
- 11 U.S.C.
Bolus, In re--Bolus v. SMS Fin. CH, LLC
Sep
29
2023
Ruling
Debtor's action seeking to have a state court judgment avoided as an unauthorized postpetition transfer was barred by res judicata. (Bankr. M.D. Pa.)
Issue(s)
Postpetition Transactions.
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Court
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