Judge France

Huss v. Heydt (In re Heydt)

Plaintiff creditor filed an adversary complaint seeking to have the debt of defendant, a chapter 7 debtor, excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Loan obtained due to debtor's misrepresentation that it would be repaid with settlement proceeds was nondischargeable.
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Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-117

In re City of Harrisburg

A city, through its city council, filed for chapter 9 bankruptcy. After the court dismissed the petition, the city council filed a motion under Fed. R. Bankr. P. 8002 for an extension of time to file an appeal under 28 U.S.C.S. § 158(a). The mayor and a county filed objections to the motion.
Ruling: 
Extension of time to appeal dismissal of chapter 9 case denied absent excusable neglect.
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Commercial case opionion summary, case decided on December 13,2011, LexisNexis #0212-103

In re City of Harrisburg

Petitioning debtor, the city council of Harrisburg, Pennsylvania, filed a petition for bankruptcy relief under chapter 9. Various parties, including the mayor and the Commonwealth of Pennsylvania, filed objections, seeking to have the petition dismissed, asserting the council lacked the authority to take such action, and that the city was not specifically authorized to be a debtor as required by 11 U.S.C.S. § 109(c)(2).
Ruling: 
Chapter 9 case dismissed where city was not specifically authorized by Commonwealth to file for bankruptcy.
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Commercial case opionion summary, case decided on December 05,2011, LexisNexis #0212-003

Thebes v. Pennsylvania Dept of Env.. Prot. (In re Thebes)

Chapter 7 debtor sought a ruling that injunctive orders issued against him by defendant, the Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), were dischargeable claims under 11 U.S.C.S. § 727(b). The DEP filed a motion for summary judgment.
Ruling: 
State department of environmental protection's cleanup order was not a claim and not dischargeable.
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Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-061

In re Tillie Pierce House LLC

Debtor filed a chapter 11 bankruptcy petition. The debtor and movant creditor executed a stipulation in which they agreed that the debtor would make monthly adequate protection payments to the creditor. The creditor filed a certification that the debtor defaulted on the stipulation. The case was converted to chapter 7. The creditor filed a motion for payment of escrowed tax moneys, seeking the release of funds held by the trustee.
Ruling: 
Motion for payment of escrowed funds for unpaid postpetition preconversion taxes upon debtor's default under stipulation denied as funds were property of the estate.
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Commercial case opionion summary, case decided on August 10,2011, LexisNexis #0911-002

DeAngelis v. Shiloh (In re Shiloh)

United States Trustee ("UST") filed an adversary proceeding against chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727(d) which revoked a discharge the debtor received under 11 U.S.C.S. § 727(a). The case was tried to the court.
Ruling: 
Postdischarge conviction for drug dealing during period when debtor had claimed to have no income was not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-095

Beneficial Consumer Discount Co. v. Erb (In re Erb)

A creditor, the holder of a second mortgage against the debtors' residence, objected to the Chapter 13 plan filed by the debtors. In their second amended plan, the debtors proposed to strip off the creditor's mortgage under 11 U.S.C.S. § 506(a). The creditor objected to this treatment of its claim, alleging that it violated the anti-modification clause of 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Debtors could not strip off second mortgage where court's analysis showed equity in the subject property.
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Consumer case opionion summary, case decided on June 29,2011, LexisNexis #0811-064

Metro Bank v. Van Horn (In re Van Horn)

In respondent debtor's Chapter 13 case, movant creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).and (2).
Ruling: 
Relief from stay granted due to small equity cushion in property.
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Consumer case opionion summary, case decided on May 19,2011, LexisNexis #0611-041

Department of Environmental Protection v. Thebes (In re Thebes)

Plaintiff, the Commonwealth of Pennsylvania Department of Environmental Protection (DEP), sought a declaration under 11 U.S.C.S. § 523(a)(7) that certain debts incurred by the debtor were nondischargeable. The DEP filed a motion for summary judgment.
Ruling: 
Department of Environmental Protection penalties for violations of Solid Waste Management Act were not compensation for pecuniary loss and were nondischargeable.
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Consumer case opionion summary, case decided on March 29,2011, LexisNexis #0711-017

In re Stumpf

Plaintiff judgment creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2) and (3) to have his debts discharged. The case was tried to the court.
Ruling: 
Discharge denied due to debtor's false oaths, failure to list gun safe or mobile home in schedules and transfer of gun collection with intention to hinder, delay or defraud creditor.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-061

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