- 11 U.S.C.
Benio, In re
Apr
08
2022
Ruling
Chapter 13 debtor's bankruptcy filing was held to be in bad faith based on her prior serialfiling history that was done to shield her property from a tax sale. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.
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- 11 U.S.C.
Kipps, In re--Kipps v. Stincavage-Kipps
Mar
31
2022
Ruling
Defendant’s refusal to release bank accounts and execution of deeds pursuant to court orderwere not willful violations of the automatic stay. (Bankr. M.D. Pa.)
Issue(s)
Automatic Stay.
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:
- 11 U.S.C.
Auto, Inc. (In re East Shore Auto, Inc., Shore--Auto Trakk, LLC v. East
Mar
11
2022
Ruling
Buyer was entitled to a declaratory judgment in its favor where debtor's sale of the subjectvehicles to it was free and clear of a lienholder's perfected liens. (Bankr. M.D. Pa.)
Issue(s)
Determination of Secured Status.
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:
- 11 U.S.C.
Florimonte, In re--Scranton Laminated Labels, Inc. v. Florimonte
Feb
22
2022
Ruling
Issue preclusion did not apply in nondischargeability proceeding as the issue of willfulnesswas neither litigated nor determined by a final and valid judgment. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Roman Cath. Diocese of Harrisburg, In re
Feb
17
2022
Ruling
Official Committee of Tort Claimants granted derivative standing to pursue avoidanceaction against debtor diocese. (Bankr. M.D. Pa.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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- 11 U.S.C.
Hurlbutt, In re--Reynolds v. Hurlbutt
Dec
23
2021
Ruling
Dismissal of Chapter 13 debtor's case for lack of good faith was not warranted as debtor madean honest effort to pay as much of judgment creditor's claim as she could with settlementproceeds. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Margavitch, In re--Margavitch v. Southlake Holdings, LLC
Oct
06
2021
Ruling
Debtor failed to establish that creditors' refusal to withdraw the valid pre-petition attachmentonce they were informed that debtor had filed for bankruptcy was a stay violation. (Bankr.M.D. Pa.)
Issue(s)
Automatic Stay; Scope.
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:
- 11 U.S.C.
R & K Realty, In re
Sep
03
2021
Ruling
General partner’s motion to dismiss involuntary petition filed by the other general partnerdenied. (Bankr. M.D. Pa.)
Issue(s)
Abstention.
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Rickabaugh, In re--Rickabaugh v. Rickabaugh
Aug
10
2021
Ruling
Dismissal of debtor's Chapter 13 case was not warranted as debtor's efforts to fulfill his dutiesunder the Bankruptcy Code appeared to be reasonable and court did not discern any intent todefraud. (Bankr. M.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.
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:
- 11 U.S.C.
Zopfi, In re--Zopfi v. Educ. Credit Mgmt. Corp.
Nov
25
2020
Ruling
Debtor's student-loan debt incurred to attend college was not dischargeable as he failed toprovide evidence that he would be incapable of maintaining a minimal standard of living ifforced to repay the student loans in question. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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