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In re Farah

Ruling
Claim of attorney for fees disallowed due to failure to rebut debtor’s claim that he performed general contracting services in return for legal services.
Issue(s)
Should creditor attorney’s proof of claim for fees be allowed?

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Consumer opinion summary, case decided on July 14, 2016 , LexisNexis #0816-041

Smalis v. City of Pittsburgh Sch. Dist. (In re Smalis)

Ruling
Bankruptcy court lacked jurisdiction to hear proceeding brought by non-debtor former spouse against taxing authority concerning assessments on property received from debtor.
Issue(s)
Whether bankruptcy court had subject matter jurisdiction to hear debtor's nondebtor spouse's proceeding against taxing authority to determine tax liability and seek possible refund?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-098

Murphy v. U.S. Dept of Educ. (In re Murphy)

Ruling
Debtor could not reopen case to challenge ruling that educational loans were nondischargeable where debtor had failed to file a notice of appeal or for extension of time to appeal.
Issue(s)
Should confirmation of chapter 11 plan be denied based on judgment creditor's objection to classification of trade vendor claims?

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Consumer opinion summary, case decided on April 07, 2016 , LexisNexis #0516-003

Gedeon v. Ballet Acad. of Pittsburgh Inc. (In re Piper)

Ruling
Bankruptcy court abstained from hearing removed state court action in which state law issues predominated.
Issue(s)
Should removed state law case for fraud, defamation, and misappropriation of a trade secret be remanded to state court?

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Consumer opinion summary, case decided on March 29, 2016 , LexisNexis #0416-101

Ferrone v. RPP LLC (In re RPP LLC)

Ruling
Stay pending appeal of the bankruptcy court approval of the settlement of a competing plan dispute denied.
Issue(s)
Were creditors entitled to a stay pending appeal of approval of the settlement of a competing plan dispute?

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Commercial opinion summary, case decided on March 16, 2016 , LexisNexis #0416-069

OptimumBank v. Buena Vista Oceanside LLC (In re Buena Vista Oceanside LLC)

Ruling
Bankruptcy court lacked jurisdiction to adjudicate a motion to enforce a stipulation.
Issue(s)
Did the bankruptcy court have jurisdiction to enforce a previously entered confirmation order and stipulation to compel debtor to dismiss counterclaims filed in separate litigation?

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Commercial opinion summary, case decided on September 22, 2015 , LexisNexis #1015-069

Murphy v. United States Dept of Educ. (In re Murphy)

Ruling
Student loan debt was nondischargeable where debtor failed to demonstrate good faith effort to repay.
Issue(s)
Were debtor's educational debts dischargeable as creating an undue hardship for debtor?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-018

Smalis v. Liberty Mut. Surety (In re Smalis)

Ruling
Creditor's action against trustees for failing to protect his interests dismissed as meritless.
Issue(s)
Should creditor be granted leave to file proceeding against trustee for alleged failure to protect creditor's interests?

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Consumer opinion summary, case decided on July 07, 2015 , LexisNexis #0715-126

E. Smalis Painting Co. v. Smalis (In re Smalis)

Ruling
Untimely nondischargeability proceeding dismissed in absence of excusable neglect.
Issue(s)
Should untimely nondischargeability proceeding be dismissed?

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Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-015

Cohen v. Abramowitz (In re Abramowitz)

Ruling
Relief from discharge order to pursue nondischargeability or denial of discharge denied as untimely given lack of exceptional circumstances.
Issue(s)
Was creditor entitled to relief from a discharge order where the creditor, despite several attempts, failed to properly file a timely objection to debtor's discharge?

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Consumer opinion summary, case decided on May 19, 2015 , LexisNexis #0615-036