Judge Deller

In re Crawford v. Morris (In re Zimmer)

Ruling: 
Creditors' garnishment action against Chapter 7 Trustee was a willful violation of the stay andtriggered sanctions. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-084

Moser, In re--Innovative Bldg. Sols., LLC v. Moser

Ruling: 
Creditor's motion to dismiss was untimely as creditor supported debtor's conversion toChapter 7 rather than move for dismissal and debtor had submitted his non-exempt businessequipment for liquidation for the benefit of his creditors. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on May 11,2021, LexisNexis #0621-092

Reckart, In re--State Emples. Credit Union of Md., Inc. v. Reckart

Ruling: 
Conditional relief from stay granted as debtors' repeated bankruptcy petitions did notamount to a scheme to defraud the creditor. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on January 14,2021, LexisNexis #0221-054

Cracked Egg, LLC, In re--County of Allegheny v. Cracked Egg, LLC

Ruling: 
County's motion for relief from automatic stay was granted without need to addressconstitutionality of Covid-19 control measures. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on January 07,2021, LexisNexis #0221-031

Parker, In re--Laurel Valley Dev., LLC v. Parker

Ruling: 
Motion for relief from stay was granted because the judicial sale was not voidable and did notviolate the automatic stay. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on January 04,2021, LexisNexis #0221-030

Moschell, In re--Compton v. Moschell

Ruling: 
Creditor's state law conversion claim against a debtor was not entitled to collateral estoppeleffect because the intent requirements of conversion were not identical to the scienterrequirements of § 523 claims. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-83

Zimmer, In re--United States v. Morris

Ruling: 
Trial subpoena served by creditors of debtor to the IRS was quashed because the testimonysought from the Commissioner of the IRS was wholly irrelevant with respect to the creditors'objection to the IRS claim. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-074

Scott, In re

Ruling: 
Adversary proceeding dismissed as the court did not have subject-matter jurisdiction overstate law cause of action challenging creditor's standing to enforce a note and mortgage. (Bankr.W.D. Pa.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-049

Dille Family Trust, In re--Murphy v. Bernstein

Ruling: 
Trust debtor was ineligible for bankruptcy relief as its primary purpose was to protect andpreserve the res for family beneficiaries and not for transacting business for a profit. (Bankr.W.D. Pa.)
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Commercial case opionion summary, case decided on February 20,2019, LexisNexis #0419-002

Jager, In re--InFirst Bank v. Jager

Ruling: 
Bank was entitled to relief from stay as the debtors had not demonstrated that they couldpropose and confirm a plan that was feasible. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on February 13,2019, LexisNexis #0319-059

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