Judge Opel

Stambaugh v. PNC Bank N.A. (In re Stambaugh)

Ruling: 
Equitable subordination of mortgage debt was not available to creditor based on terms of subordination agreement.
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Consumer case opionion summary, case decided on March 03,2015, LexisNexis #0315-113

Jou v. Adalian (In re Adalian)

Ruling: 
Discharge denied due to failure to file income taxes for ten years and failure to maintain adequate records.
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Consumer case opionion summary, case decided on November 05,2013, LexisNexis #1113-129

Lienhard v. Lehighton Ambulance Assoc. (In re Lienhard)

Ruling: 
Not-for-profit organization did not willfully violate stay.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-079

Link v. Mauz (In re Mauz)

Ruling: 
State court judgment for assault and battery was nondischargeable pursuant to collateral estoppel.
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Consumer case opionion summary, case decided on August 28,2013, LexisNexis #0913-085

DeAngelis v. Holmes (In re Holmes)

Ruling: 
Case ordered converted or dismissed based on totality of circumstances including excessive and unreasonable budget.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-057

Iskric v. Commonwealth Fin. Sys. (In re Iskric)

Ruling: 
Debtor awarded damages for creditor's violation of discharge injunction.
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Consumer case opionion summary, case decided on August 07,2013, LexisNexis #0813-124

Shull v. PNC Bank (In re Shull)

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.
Ruling: 
Mortgage secured by interest in fixtures was secured by "incidental property" and could not be modified.
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Consumer case opionion summary, case decided on May 31,2013, LexisNexis #0713-031

Roodhof v. Roodhof (In re Roodhof)

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), and that she was not eligible under 11 U.S.C.S. § 727 to have her debts discharged. The case was tried to the court.
Ruling: 
Debt owed by debtor to former spouse for removal of items from the spouse's home was nondischargeable.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0613-022

DeHart v. Eckert (In re Eckert)

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.
Ruling: 
Trustee's motion for excessive increase in monthly plan payments denied.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-031

Abbatiello v. National Collegiate Trust (In re Abbatiello)

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.
Ruling: 
Debtor failed to demonstrate inability to maintain minimal standard of living as required for discharge of student loan debt.
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Consumer case opionion summary, case decided on January 02,2013, LexisNexis #0113-086

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