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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.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion 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.)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.

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Commercial opinion 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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion 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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion 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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion 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.)
Issue(s)
Property of the Estate.

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Consumer opinion 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.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion 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.)
Issue(s)
Was creditor entitled to distribution of estate funds on hand although it did not file a proof of

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Consumer opinion summary, case decided on September 13, 2016 , LexisNexis #1016-012

In re Long

Ruling
Attorneys’ fees allowed in recalculated amount with reductions.
Issue(s)
Should chapter 13 debtor’s attorneys’ fees be allowed?

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Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-061

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.
Issue(s)
Were proofs of claim filed by credit card company entitled to prima facie validity?

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Consumer opinion summary, case decided on March 22, 2016 , LexisNexis #0416-103