Judge Deller

Crawford v. Hertzberg (In re Hertzberg)

Ruling: 
Trustee in debtor's case required to establish standing in order to seek to recover retirement funds in chapter 11 case of debtor's former spouse.
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Consumer case opionion summary, case decided on November 13,2014, LexisNexis #1214-047

In re Baghoumian

Ruling: 
Incarcerated debtor not eligible for waiver of credit counseling requirement.
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Consumer case opionion summary, case decided on October 24,2014, LexisNexis #1114-072

In re Scheib

Ruling: 
Motion to reopen denied where debtor's claims for relief from foreclosure were time barred and barred by the Rooker-Feldman doctrine and res judicata.
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Consumer case opionion summary, case decided on July 18,2014, LexisNexis #0814-112

Housing Auth. of the City of Pittsburgh v. Smith (In re Smith)

Ruling: 
Subsidized public housing lease was a "similar grant" rendering housing authority's eviction action against debtor discriminatory.
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Consumer case opionion summary, case decided on May 20,2014, LexisNexis #0614-056

Tayfur v. SWEPI LP (In re Tayfur)

Ruling: 
Motion to reject oil and gas lease denied.
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Consumer case opionion summary, case decided on February 26,2014, LexisNexis #0314-076

Chaney v. Grigg (In re Grigg)

Ruling: 
State court judgment for fiduciary defalcation was nondischargeable.
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Consumer case opionion summary, case decided on October 23,2013, LexisNexis #1113-046

Refosco v. Winnecour (In re Refosco)

The chapter 13 debtors filed a motion for early payoff of their plan. The chapter 13 trustee objected.
Ruling: 
Early payoff allowed where amount paid to unsecured creditors would not be adversely altered.
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Consumer case opionion summary, case decided on July 09,2013, LexisNexis #0813-032

Englert v. Ocwen Loan Servicing LLC (In re Englert)

Chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 524(i) against defendant creditor, alleging that the creditor violated the discharge injunction. After the creditor failed to respond to the debtors' motion to compel discovery, the court issued an order deeming the request for admissions admitted and set rule to show cause hearing. The debtors sought to have the complaint granted as a sanction pursuant to 11 U.S.C.S. § 105.
Ruling: 
Assessment statements were not clearly attempts to collect debt and did not violate discharge injunction.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-035

Comensky v. City of Duquesne (In re Comensky)

Pro se debtor filed a motion to enforce the discharge order under 11 U.S.C.S. § 524(a) in relation to respondent City's actions in prosecuting a complaint against the debtor for violations of the City's property maintenance code after the debtor was granted a discharge.
Ruling: 
City's enforcement of property maintenance code was an exercise of regulatory powers to protect public safety and welfare and did not violate discharge injunction.
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Consumer case opionion summary, case decided on May 03,2013, LexisNexis #0513-123

Community Bank v. Five Rivers Petroleum LLC (In re Five Rivers Petroleum LLC)

Claimant bank, the senior secured creditor asserting claims in debtor LLC's chapter 11 case, objected to debtor's proposed plan on claims that it was not "feasible" per 11 U.S.C.S. § 1129(a) and also asked the court to appoint a chapter 11 trustee as permitted by 11 U.S.C.S. § 1104.
Ruling: 
Confirmation denied on feasibility grounds and debtor ordered to show cause as to why case should not be converted to chapter 7.
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Commercial case opionion summary, case decided on February 22,2013, LexisNexis #0313-128

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