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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.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Commercial opinion 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.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Consumer opinion summary, case decided on February 13, 2019 , LexisNexis #0319-059

Dille Family Trust, In re

Ruling
Court ruled it was appropriate to appoint a chapter 11 trustee given the items of cause thecourt listed and the acrimony and pervasive litigation that has consumed the case. (Bankr. W.D.Pa.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.

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Commercial opinion summary, case decided on July 25, 2018 , LexisNexis #0918-023

Trs. of Conneaut Lake Park, Inc. v. Park Restoration, LLC (In re Trs. of Conneaut Lake Park, Inc.)

Ruling
Court granted the motion to enforce as creditor's post confirmation lawsuit constituted a claimin bankruptcy and was subject to the discharge injunction where the claims arose well beforeplan confirmation. (Bankr. W.D. Pa.)
Issue(s)
Effect of Confirmation; Discharge; Types of Debt Discharged and Rights Terminated; Debt Arising Prepetition or Specified in Sections 502(g), (h) and (I).

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Commercial opinion summary, case decided on May 15, 2018 , LexisNexis #0618-084

Advanced Vascular Res., In re--Hadeed v. Advanced Vascular Res.

Ruling
Court directed U.S. trustee to appoint chapter 11 trustee to manage LLC's bankruptcy estate as the bankruptcy case was part of a broader dispute. (Bankr. W.D. Pa.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.

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Commercial opinion summary, case decided on April 06, 2018 , LexisNexis #0518-056

Deeter, In re--Deeters v. Wells Fargo Bank, N.A.

Ruling
Creditor's proof of claim which asserted a secured claim was sufficient to establish a security interest. (Bankr. W.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on July 21, 2017 , LexisNexis #0817-095

In re Monteleone

Ruling
Case dismissed on feasibility grounds due to foreclosure and sheriff’s sale of residence key to debtor’s plan.
Issue(s)
Should debtor’s case be dismissed following granting of relief from stay to creditor mortgagee and foreclosure sale of debtor’s residence?

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Consumer opinion summary, case decided on July 19, 2016 , LexisNexis #0816-054

Sikirica v. Yanovich (In re Yanovich)

Ruling
Debtor allowed homestead exemption in property debtor was moving into on petition date due to foreclosure of prior residence.
Issue(s)
Could debtor claim a homestead exemption in property that was in the process of being occupied on the petition date due to foreclosure on prior residence?

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Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0416-013

Castle Cheese Inc. v. FirstMerit Bank N.A. (In re Castle Cheese)

Ruling
Bankruptcy court retained jurisdiction over debtor's proceeding against bank since outcome could affect administration.
Issue(s)
Should debtor's state law proceeding against bank be remanded to state court?

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Commercial opinion summary, case decided on December 02, 2015 , LexisNexis #1215-135

Price v. Price (In re Price)

Ruling
Mortgage payments owed to debtor's former spouse were nondischargeable domestic support obligations.
Issue(s)
Were mortgage payments owed to debtor's former spouse pursuant to their separation agreement nondischargeable domestic support obligations?

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Consumer opinion summary, case decided on October 05, 2015 , LexisNexis #1015-124