Middle District

Bridgeforth, In re--DeHart v. Bridgeforth

Ruling: 
Failure of the debtor to present a confirmed plan within the course of 3 years was deemed bythe court to be an unreasonable delay which could be cause for dismissal if not addressedimmediately. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-085

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

Blair, In re--PHI Air Med., L.L.C. v. Blair

Ruling: 
There was no larceny, embezzlement, nor violation of fiduciary trust as the debtor was notacting in a fiduciary capacity with respect to the fund he received from the insurer. (Bankr.M.D. Pa.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-071

Pangaro, In re--DeHart v. Vito's Towing, Inc.

Ruling: 
Unsecured claims filed after the 90-day deadline disallowed since neither rule 3002 nor rule9006 allowed late claims for debtor's failure to schedule the claims. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on April 11,2017, LexisNexis #0517-087

Martin, In re--Martin v. Bank of New York Mellon

Ruling: 
Assertions contained in bank's request for admission were deemed admitted after debtor's failure to respond after the requests were sent. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 09,2017, LexisNexis #0317-049

Ream Props., LLC, In re--Ream Props., LLC v. Hamilton

Ruling: 
Court would not enjoin the criminal proceeding against principal because it would beinappropriate to extend relief to the principal that would be unavailable to him if he were thedebtor. (Bankr. M.D. Pa.)
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Commercial case opionion summary, case decided on January 30,2017, LexisNexis #0317-003

Insinger Performance, Inc. v. Sheaffer (In re Sheaffer)

Ruling: 
Buyer's complaint against debtor dismissed in part as their amended complaint lackedallegations that debtors were acting in a fiduciary capacity and allegations of specific factsregarding debtors' fraudulent misrepresentation. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on January 25,2017, LexisNexis #0217-085

Cox v. Clauser (In re Cox)

Ruling: 
Debtor could avoid lien as respondents' judicial lien impaired debtor's exemption in theresidence. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on January 06,2017, LexisNexis #0217-034

In re Alston

Ruling: 
Debtor's bankruptcy case dismissed as debtor incurred significant expenses, failed to complywith reporting requirements, and could not hope to reorganize without more lucrativeemployment to fund a plan. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on December 27,2016, LexisNexis #0217-019

Lerner Master Fund LLC v. Paige (In re Paige)

Ruling: 
Debtors' sanction request against creditor denied as credior's mere failure to prevail was not inbad faith. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on December 29,2016, LexisNexis #0217-023

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