Judge France

Frank v. Mannucci (In re Mannucci)

Before the court was a motion to dismiss the chapter 13 case (the "2012 Case") of respondents, debtors. The motion was filed by movant, the trustee in a pending chapter 7 bankruptcy case filed by debtors in 2007 (the "2007 Case").
Ruling: 
Chapter 13 case filed while debtor's chapter 7 case was pending dismissed for cause.
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Consumer case opionion summary, case decided on June 27,2013, LexisNexis #0813-099

Split Vein Coal Co. v. Swank (In re Split Vein Coal Co.)

Plaintiff, the counsel for a chapter 11 debtor, filed a motion seeking an order holding defendant in contempt under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9020 for violating the court's order directing him to provide information regarding the location and amount of certain funds paid to him as president and sole stockholder of the debtor.
Ruling: 
President and sole stockholder of debtor held in contempt for failure to provide information regarding location and amount of portion of judgment proceeds.
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Commercial case opionion summary, case decided on May 14,2013, LexisNexis #0613-002

Seidle v. Sovereign Bank (In re Seidle)

Chapter 13 debtor filed an adversary proceeding against three banks and various judgment creditors, seeking a judgment determining the priority of liens defendants placed on his residence and orders allowing him to strip off liens that were unsecured. Two banks that were named as defendants agreed to submit their claims that their lien had priority to mediation.
Ruling: 
Debtor could not strip off partially secured second lien.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-132

Dean v. Carr (In re Dean)

Plaintiff chapter 7 debtor filed two adversary proceedings against defendant creditor: a proceeding that asked the court to determine the validity, priority, and extent of a lien the creditor held on a car the debtor owned and to assess damages under 11 U.S.C.S. § 362; and a proceeding seeking avoidance under 11 U.S.C.S. § 547(b) of a judgment the creditor obtained in state court. The debtor filed a motion for summary judgment in each case.
Ruling: 
Creditor's refusal to return car repossessed prepetition violated stay.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-110

AgChoice Farm Credit ACA v. Glenn (In re Glenn)

Plaintiff creditor sought a ruling that the conduct of debtors, a married couple, in removing various fixtures from their residence after plaintiff had commenced foreclosure proceedings and in converting those fixtures to their own use in another residence was "malicious" and supported a finding of nondischargeability under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtor's removal of fixtures and conversion for own use after commencement of foreclosure resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-084

DeAngelis v. Williams (In re Williams)

United States Trustee (UST) filed a complaint against debtor seeking to deny the discharge of debtor under 11 U.S.C.S. §§ 727(a)(2)(A) and 727(a)(4)(A).
Ruling: 
Discharge denied due to fraudulent transfer and reckless disregard for truth.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-057

LightStyles Ltd. V. Susquehanna Bank (In re LightStyles Ltd.)

A chapter 11 debtor filed a motion for use of cash collateral pursuant to 11 U.S.C.S. § 363(c)(2). A bank that held a security interest in all of the debtor's assets other than motor vehicles requested that the court deny the motion or authorize the use of cash collateral only to the extent that the debtor provided the bank with adequate protection of its rights.
Ruling: 
Cash collateral order denied where debtor's financial projections were speculative.
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Commercial case opionion summary, case decided on July 27,2012, LexisNexis #0812-109

Orrstown Bank v. Biltwood Props. LLC (In re Biltwood Props. LLC)

Creditor filed a motion pursuant to 11 U.S.C.S. § 362(d) for relief from the automatic stay to pursue mortgage foreclosure proceedings against real property owned by the debtor.
Ruling: 
Relief from stay to foreclose granted given lack of equity and no likelihood of successful reorganization.
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Commercial case opionion summary, case decided on May 24,2012, LexisNexis #0612-079

Executive Sounding Bd. Assocs. V. Moshannon Valley Citizens Inc. (In re Moshannon Valley Citizens Inc.)

Chapter 11 debtor's financial advisor, filed a motion to enforce a compensation order previously entered in the debtor's bankruptcy case and to obtain reimbursement of the fees and expenses that it incurred in filing the motion.
Ruling: 
Financial advisor not entitled to fees and expenses not necessary to preserve value of estate and not included in approved retainer agreement.
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Commercial case opionion summary, case decided on April 24,2012, LexisNexis #0512-050

Dyckman v. Dyckman (In re Dyckman)

Movant chapter 13 debtor filed a motion seeking an order that clarified the scope of relief the court granted in an earlier order that extended the automatic stay but allowed respondent, the debtor's ex-husband, to pursue supplemental divorce and equitable distribution claims he filed in state court, and an order enforcing the stay. The court held hearings on the debtor's motion.
Ruling: 
Debtor's interests in spouse's military retirement and private pension plans were not property of the estate.
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Consumer case opionion summary, case decided on April 16,2012, LexisNexis #0512-018

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