Stambaugh v. PNC Bank N.A. (In re Stambaugh)
Mar
03
2015
Ruling
Equitable subordination of mortgage debt was not available to creditor based on terms of subordination agreement.
Issue(s)
Was mortgagee entitled to equitable subordination of its junior loan based on debtor's alleged taking advantage of an error in issuing the loan as well as the terms of a subordination agreement?
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Court
:
Jou v. Adalian (In re Adalian)
Nov
05
2013
Ruling
Discharge denied due to failure to file income taxes for ten years and failure to maintain adequate records.
Issue(s)
Were debtor's failures to file income taxes for ten years or to keep adequate records grounds for denial of discharge.
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Court
:
- 11 U.S.C.
Lienhard v. Lehighton Ambulance Assoc. (In re Lienhard)
Sep
30
2013
Ruling
Not-for-profit organization did not willfully violate stay.
Issue(s)
Did invoices for ambulance services sent by not-for-profit organization to debtor after petition date violate stay.
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Court
:
- 11 U.S.C.
Link v. Mauz (In re Mauz)
Aug
28
2013
Ruling
State court judgment for assault and battery was nondischargeable pursuant to collateral estoppel.
Issue(s)
Did state court judgment for assault and battery, trespass and intentional infliction of emotional distress have collateral estoppel effect on issue of dischargeability?
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Court
:
- 11 U.S.C.
DeAngelis v. Holmes (In re Holmes)
Aug
21
2013
Ruling
Case ordered converted or dismissed based on totality of circumstances including excessive and unreasonable budget.
Issue(s)
Should debtor's case be dismissed under the presumption of abuse due to failure to include household contributions of debtor's housemate or in the alternative pursuant to totality of circumstances.
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Court
:
- 11 U.S.C.
Iskric v. Commonwealth Fin. Sys. (In re Iskric)
Aug
07
2013
Ruling
Debtor awarded damages for creditor's violation of discharge injunction.
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Court
:
- 11 U.S.C.
Shull v. PNC Bank (In re Shull)
May
31
2013
Ruling
Mortgage secured by interest in fixtures was secured by "incidental property" and could not be modified.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant bank to determine the extent of the bank's secured status. Both parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
Roodhof v. Roodhof (In re Roodhof)
May
13
2013
Ruling
Debt owed by debtor to former spouse for removal of items from the spouse's home was nondischargeable.
Procedural posture
Plaintiff husband filed an adversary proceeding against defendant wife after his wife declared chapter 7 bankruptcy, seeking a determination that his wife owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(6), that she was not eligible under 11 U.S.C.S. § 727 to have her debts discharged. The case was tried to the court.
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Court
:
- 11 U.S.C.
DeHart v. Eckert (In re Eckert)
Jan
14
2013
Ruling
Trustee's motion for excessive increase in monthly plan payments denied.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their debts that required them to pay a chapter 13 trustee $500 per month. The court confirmed the debtors' plan on April 28, 2011, and on April 19, 2012, the trustee filed a motion for an order under 11 U.S.C.S. § 1329 which required the debtors to increase their monthly payment to $2,500. The court held a hearing on the trustee's motion.
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Court
:
- 11 U.S.C.
Abbatiello v. National Collegiate Trust (In re Abbatiello)
Jan
02
2013
Ruling
Debtor failed to demonstrate inability to maintain minimal standard of living as required for discharge of student loan debt.
Procedural posture
Plaintiff chapter 7 debtor filed an amended complaint against defendant creditor seeking a discharge of her student loan debt as an undue hardship pursuant to 11 U.S.C.S. § 523(a)(8). The debtor filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c), as made applicable by Fed. R. Bankr. P. 7012.
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Court
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