Dille Family Trust, In re--Murphy v. Bernstein
Feb
20
2019
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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Court
:
- 11 U.S.C.
Jager, In re--InFirst Bank v. Jager
Feb
13
2019
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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Court
:
Dille Family Trust, In re
Jul
25
2018
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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Court
:
- 11 U.S.C.
Trs. of Conneaut Lake Park, Inc. v. Park Restoration, LLC (In re Trs. of Conneaut Lake Park, Inc.)
May
15
2018
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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Court
:
Advanced Vascular Res., In re--Hadeed v. Advanced Vascular Res.
Apr
06
2018
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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Court
:
Deeter, In re--Deeters v. Wells Fargo Bank, N.A.
Jul
21
2017
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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Court
:
- 11 U.S.C.
In re Monteleone
Jul
19
2016
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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Court
:
- 11 U.S.C.
Sikirica v. Yanovich (In re Yanovich)
Feb
01
2016
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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Court
:
- 28 U.S.C.
Castle Cheese Inc. v. FirstMerit Bank N.A. (In re Castle Cheese)
Dec
02
2015
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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Court
:
- 11 U.S.C.
Price v. Price (In re Price)
Oct
05
2015
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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Court
: