- 11 U.S.C.
Plevyak, In re--Solar Innovations, Inc. v. Plevyak
May
24
2019
Ruling
Confirmation of debtor's amended plan was denied where debtor had not sustained hisburden concerning the best interests of creditors test. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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Court
:
- 11 U.S.C.
Nicholson v. eCast Settlement Corp.
May
24
2019
Ruling
Claim disallowed as creditor's affidavit was inadmissible hearsay and granted no evidentiaryvalue. (Bankr. M.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
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Campbell, In re
Apr
23
2019
Ruling
Motion to convert to Chapter 13 was denied as debtors failed to show that the conversionmotion was filed in good faith. (Bankr. M.D. Pa.)
Issue(s)
Conversion; By the Debtor.
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Court
:
- 11 U.S.C.
Piazza, In re--Elliott v. Piazza
Mar
07
2019
Ruling
Nondischargeability claim dismissed as the creditor failed to plead the who, what, and when of the creditor's fraud allegation. (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.
Heiser, In re
Feb
24
2019
Ruling
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Palmiter, In re--Gallo v. Palmiter
Sep
26
2018
Ruling
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Topfer, In re--Topfer v. Topfer
Jul
25
2018
Ruling
Limited relief from the automatic stay was granted to debtor's wife where court permissivelyabstained from hearing the divorce action and remanded the matter to the state court to allowit to determine matrimonial issues. (Bankr. M.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
AEH Trucking Co., LLC, In re--Neblett v. United States
Jun
28
2018
Ruling
Funds could not be subject to turnover as they were seized and applied to outstandingliabilities before the bankruptcy petition was filed. (Bankr. M.D. Pa.)
Issue(s)
Turnover of Property to the Estate.
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Court
:
- 11 U.S.C.
AEH Trucking Co., LLC, In re--Neblett v. United States
Jun
28
2018
Ruling
Funds could not be subject to turnover as they were seized and applied to outstandingliabilities before the bankruptcy petition was filed. (Bankr. M.D. Pa.)
Issue(s)
Turnover of Property to the Estate.
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Court
:
- 11 U.S.C.
Fisher, In re--Slobodian v. Pa. State Univ.
Nov
07
2017
Ruling
Cause existed for trustee to avoid tuition payments as constructively fraudulent transfers afterit was deemed that no economic or other value was received for the payments. (Bankr. M.D.Pa.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.
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