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Uku, In re--Knoll v. Uku

Ruling
Plaintiff was not entitled to summary judgment with respect to adversary proceeding as themere fact that a state court found a breach of fiduciary duty was insufficient to meet plaintiff'sthreshold burden. (Bankr. W.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on April 24, 2024 , LexisNexis #0624-089

Liquidating Estate of H&P, Inc., In re--Albert's Cap. Servs., LLC v. Kreitz Motor Express, Inc.

Ruling
Transfers were preferential absent affirmative defenses by transferees. (Bankr. W.D. Pa.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on February 23, 2023 , LexisNexis #0423-062

Rosenberg, In re

Ruling
Taxpayer's request for discharge was denied as debtor wife’s amended statements whichreflected firearm transfers were consistent with a pattern of nondisclosure and concealmentevidencing an intent to deceive. (Bankr. W.D. Pa.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on August 26, 2022 , LexisNexis #1022-092

Gutierrez, In re--Marchitello v. Gutierrez

Ruling
Discharge denied due to debtor’s numerous false statements under oath related to her assetsand the alleged disposition of assets. (Bankr. W.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on March 01, 2022 , LexisNexis #0422-070

Dolfi, In re--Dolfi v. Dolfi

Ruling
Lienholder failed to establish that judicial liens senior to unavoidable mortgages are insulatedfrom avoidance. (Bankr. W.D. Pa.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on October 03, 2019 , LexisNexis #1119-082

Milton, In re--Lepre v. Milton

Ruling
Relief sought in the creditor's amended complaint for denial of discharge was denied wherehe failed to show that debtor knew that her statements on schedules and statement of financialaffairs were false. (Bankr. W.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on February 04, 2019 , LexisNexis #0319-043

Wagle, LLC, In re

Ruling
Confirmation denied as the debtor's plan violated the absolute priority rule. (Bankr. W.D. Pa.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity.

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Commercial opinion summary, case decided on August 16, 2017 , LexisNexis #0917-083

Pennsylvania Prop. & Cas. Ins. Guar. Assoc. v. Pompelia (In re Pompelia)

Ruling
Bankruptcy court lacked jurisdiction over insurance coverage dispute where policy proceedswould not benefit the debtors. (Bankr. W.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Consumer opinion summary, case decided on October 25, 2016 , LexisNexis #1116-103

Aikman v. IRS ( In re Aikman)

Ruling
Taxes and associated penalties were not dischargeable. (Bankr. W.D. Pa.)
Issue(s)
Was debtor entitled to the return of a tax refund retained by the IRS to pay taxes and penalties not paid in debtor’s bankruptcy?

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Consumer opinion summary, case decided on July 22, 2016 , LexisNexis #0816-074

Murphy v. United States Dep't of Educ. (In re Murphy)

Ruling
Debtor’s motion to reopen case to file an untimely appeal denied. (Bankr. W.D. Pa.)
Issue(s)
Should bankruptcy court reconsider its denial of debtor’s motion to reopen and file an untimely appeal?

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Consumer opinion summary, case decided on July 21, 2016 , LexisNexis #0816-064