Judge Deller

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

Patel v. Shubh Hotels LLC (In re Shubh Hotels Pittsburgh LLC)

Objectors filed a motion for summary judgment on their objection to a proof of claim filed by a claimant.
Ruling: 
Claim that was actually for equitable contributions and not loans disallowed.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-043

Good v. Kantorik (In re Kantorik)

Judgment creditor filed a complaint against chapter 7 debtor objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) on the grounds that the debtor engaged in a pattern of conduct whereby he fraudulently transferred funds, assets, and earnings to his wife and son in an effort to avoid enforcement of the judgment.
Ruling: 
Discharge denied due to debtor's fraudulent transfers to avoid enforcement of judgment lien.
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Consumer case opionion summary, case decided on July 11,2012, LexisNexis #0812-025

Louttit v. Armell (In re Louttit)

Plaintiff chapter 7 debtor filed a complaint against defendant, his ex-wife, seeking a determination that attorney's fees awarded to her pursuant to 23 Pa. Stat. Ann. § 5452 of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 23 Pa. Stat. Ann. § 5401-5482, were dischargeable and did not constitute a domestic support obligation under 11 U.S.C.S. § 523(a)(5). The parties filed cross motions for summary judgment.
Ruling: 
Attorneys' fees awarded to debtor's former spouse under Uniform Child Custody Act were a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on June 19,2012, LexisNexis #0712-052

1200 Buena Vista Condominiums v. Young (In re Young)

Defendant condominium association filed a motion to dismiss plaintiff debtor's chapter 13 case for cause under 11 U.S.C.S. § 1307(c) and , by implication, the debtor's adversary proceeding against the association, which sought to modify or avoid a lien held by the association against a condominium unit owned by the debtor. The debtor filed a motion to extend the automatic stay.
Ruling: 
Stay extended in debtor's second chapter 13 case within one year absent evidence of bad faith.
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Consumer case opionion summary, case decided on March 30,2012, LexisNexis #0412-131

In re Caldwell

A chapter 7 debtor sought approval of an amended reaffirmation agreement between the debtor and a bank. Pursuant to 11 U.S.C.S. § 524(c), the debtor sought to reaffirm a debt secured by a manufactured home (the property).
Ruling: 
Amended reaffirmation agreement could not be approved due to failure to rebut presumption of undue hardship.
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Consumer case opionion summary, case decided on January 30,2012, LexisNexis #0212-087

Wells Fargo Home Mortg. Inc. v. Borkowski (In re Borkowski)

Creditor filed a motion pursuant to Fed. R. Bankr. P. 9024, which incorporated Fed. R. Civ. P. 60, to reopen debtor's bankruptcy case and to vacate a court order, in part, by striking all determinations that the mortgage of the creditor was brought current as of the date of the chapter 13 trustee's last distribution in the case.
Ruling: 
Creditor that did not act promptly to correct payment amount called for in confirmed plan could not reopen case to obtain order that mortgage had not been brought current.
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Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0311-105

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