Judge Deller

In re BG Petroleum LLC

Ruling: 
Debtor-in-possession's motion to enforce settlement granted.
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Commercial case opionion summary, case decided on February 13,2015, LexisNexis #0315-069

Sikirica v. Midtown Niki Group (In re Dressel Assocs.)

Ruling: 
Fraudulent transfer proceeding dismissed due to lack of evidence of insolvency.
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Commercial case opionion summary, case decided on November 19,2014, LexisNexis #1214-097

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.
ABI Membership is required to access the full summary of Englert v. Ocwen Loan Servicing LLC (In re Englert). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-035

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