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judge agresti

Trust

Ruling
Court denied the insurers' motion to have all of the redactions removed from affected exhibitsas there was no common law presumption of a right of public access. (Bankr. W.D. Pa.)
Issue(s)
Public Access to Papers.

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Commercial opinion summary, case decided on October 31, 2022 , LexisNexis #0123-002

Pennington, In re--Keech v. Pennington

Ruling
Debtor retained an interest in the property at issue and could cure her arrearages as theplaintiffs had not received a judgment for possession or established that the property was notdebtor's primary residence during the relevant time. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on October 05, 2022 , LexisNexis #1222-033

Wolfe, In re--Blake v. Wolfe

Ruling
Debt excepted from discharge where debtor engaged in an implied misrepresentation oromission when he proposed a complex basement project to the creditors. (Bankr. W.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on June 02, 2022 , LexisNexis #0722-082

Trust v. Honeywell Int’l, Inc.

Ruling
Insurance companies' motions to intervene in corporation's dispute with asbestos trust denieddue to corporation's financial obligation to the trust existing separate and apart from itssettlement agreements with the movants. (Bankr. W.D. Pa.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on December 20, 2021 , LexisNexis #0222-046

Rickerson, In re--National Loan Invs., L.P. v. Rickerson

Ruling
Debtor was not eligible to proceed under subchapter V as she failed to meet her burden ofproof to show that she was engaged in commercial or business activities. (Bankr. W.D. Pa.)
Issue(s)
Definitions; Subchapter V Debtor; Person Engaged in Commercial or Business

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Consumer opinion summary, case decided on December 14, 2021 , LexisNexis #0222-040

Herron, In re--Herron v. IRS

Ruling
Tax debt was nondischargeable as debtor's conduct in making large nonessential purchaseswhile fully aware of a significant tax liability showed a willful attempt to evade or defeat thetax. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-018

Koger, In re--Koger v. Wilkinsburg Sch. Dist.

Ruling
Debtor's request for a reaffirmation agreement was denied as the agreement had to be madebefore the granting of a discharge and the creditor was opposed to any reaffirmation. (Bankr.W.D. Pa.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.

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Consumer opinion summary, case decided on May 28, 2021 , LexisNexis #0721-059

Unique Ventures Group, In re

Ruling
Franchise, contract, and intellectual property rights acquired by debtor from bankrupt entitywere property of debtor’s estate. (Bankr. W.D. Pa.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on January 22, 2020 , LexisNexis #0220-088

Sheasley, In re--Sheasley v. Jenereski

Ruling
Debtor's motions to enforce the automatic stay against criminal cases denied as he did not show that prosecutor was pursuing criminal actions in bad faith or for purposes of harassment. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on December 18, 2018 , LexisNexis #0119-088

Heyden, In re--Wells Fargo Bank, N.A. v. Heyden

Ruling
Secured creditor's motion to file an untimely proof of claim denied. (Bankr. W.D. Pa.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; Enlargement Governed By Other Rules.

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Consumer opinion summary, case decided on August 01, 2017 , LexisNexis #0917-028