Judge France

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

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

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

Cox v. Clauser (In re Cox)

Ruling: 
Debtor could avoid lien as respondents' judicial lien impaired debtor's exemption in theresidence. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on January 06,2017, LexisNexis #0217-034

In re Alston

Ruling: 
Debtor's bankruptcy case dismissed as debtor incurred significant expenses, failed to complywith reporting requirements, and could not hope to reorganize without more lucrativeemployment to fund a plan. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on December 27,2016, LexisNexis #0217-019

In re Howard

Ruling: 
As debtor did not hold former spouse’s equity interest in property in a constructive trust, itwas property of the estate. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on December 07,2016, LexisNexis #0117-017

Tomey v. Dizinno (In re Dizinno)

Ruling: 
Creditor sanctioned for filing nondischargeability proceeding that did not have any objectivebasis. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on October 14,2016, LexisNexis #1116-069

In re Cremo

Ruling: 
Court could not disallow proof of claim absent objection by party in interest and not uponobjection to trustee’s final report. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 13,2016, LexisNexis #1016-012

Moore v. Am. Express Bank FSB (In re Moore)

Ruling: 
Proofs of claim filed by credit card company were not entitled to prima facie validity except to the extent supported by original applications and agreements.
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Consumer case opionion summary, case decided on March 22,2016, LexisNexis #0416-103

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