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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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 07, 2019 , LexisNexis #0419-084

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.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on February 24, 2019 , LexisNexis #0419-021

Bell, In re--Bell v. Herrera

Ruling
Court held that the agreement in question was not an executory contract as it was neverscheduled as an executory contract, and the Chapter 7 Trustee never assumed or rejected it.(Bankr. M.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Cases

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Consumer opinion summary, case decided on February 07, 2019 , LexisNexis #0319-061

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #1118-041

Hrobuchak, In re--Transcontinental Refrigerated Lines, Inc. v. Hrobuchak

Ruling
Unscheduled debt was dischargeable as the creditor had been made aware of the chapter 7 adjudication when he spoke to the debtor's chapter 7 trustee. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim or Determination of Dischargeability.

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Consumer opinion summary, case decided on July 30, 2018 , LexisNexis #0918-047

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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on July 25, 2018 , LexisNexis #0918-027

Snedeker, In re--Snedeker v. PYOD, LLC

Ruling
Objection to claim sustained where claimant did not meet its burden of persuasion when it failed to produce the original documentation with the debtor's signature. (Bankr. M.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on July 25, 2018 , LexisNexis #0918-006

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.)
Issue(s)
Turnover of Property to the Estate.

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Commercial opinion 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.)
Issue(s)
Turnover of Property to the Estate.

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Commercial opinion summary, case decided on June 28, 2018 , LexisNexis #0818-015

Klitsch, In re

Ruling
LLC sanctioned for filing three bankruptcy petitions without first securing signatures onthose documents from their clients. (Bankr. M.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Consumer opinion summary, case decided on June 13, 2018 , LexisNexis #0718-089