Judge Opel

Heiser, In re

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.)
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Consumer case opionion summary, case decided on February 24,2019, LexisNexis #0419-021

Piazza, In re--Elliott v. Piazza

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.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-084

Palmiter, In re--Gallo v. Palmiter

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.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041

Topfer, In re--Topfer v. Topfer

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.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-027

AEH Trucking Co., LLC, In re--Neblett v. United States

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.)
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Commercial case opionion summary, case decided on June 28,2018, LexisNexis #0818-015

AEH Trucking Co., LLC, In re--Neblett v. United States

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.)
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Commercial case opionion summary, case decided on June 28,2018, LexisNexis #0818-015

Fisher, In re--Slobodian v. Pa. State Univ.

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.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #0218-083

Demeza, In re--Hackerman v. Demeza

Ruling: 
Creditor failed to plead a plausible claim under § 523 (a)(4) for nondischargeability as the course of dealing between the creditor and debtor only created an ordinary contractual relationship. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 28,2017, LexisNexis #0917-047

In re Merovich

Ruling: 
Debtor’s counsel entitled to post-dismissal payment of fees prior to disbursement to debtor’spersonal representative. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on April 06,2016, LexisNexis #1116-062

Symonies v. Sobol (In re Sobol)

Ruling: 
Creditor's nondischargeability proceeding dismissed due to failure to make necessary allegations.
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Consumer case opionion summary, case decided on February 08,2016, LexisNexis #0316-018

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