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pennsylvania of 2nd circuit

Guardian Elder Care at Johnstown, LLC, In re--Erie Acquisition, LLC v. Guardian Elder Care at Jonestown, LLC

Ruling
Motion for immediate payment of postpetition rent denied given the residential nature of the debtor’s skilled nursing and personal care facilities. (Bankr. W.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee to Perform Debtor's Obligations Until Assumption or Rejection.

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Commercial opinion summary, case decided on November 14, 2024 , LexisNexis #0225-006

Barrett, In re

Ruling
Debtor's case transferred to district where he admitted to living for at least 180 days prior to petition date. (Bankr. E.D. Okla.)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on November 04, 2024 , LexisNexis #0125-072

Carpenter, In re

Ruling
Attorney's application for fees was excessive as his invoice contained many entries that did not reflect a proper delegation of duties, excessive amounts billed to tasks, and non-billable administrative tasks. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-073

In re Maritas, International Unions, Sec., Police and Fire Pros. of Am. v. Maritas

Ruling
Creditors were entitled to relief from the automatic stay to proceed with litigation that would consolidate the resolution of all claims and parties in their respective forums. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-028

Iacovazzi, In re--SnowWolf v. Iacovazzi

Ruling
Plaintiff's complaint alleged sufficient facts to support non-dischargeability and breach of contract claim based on defendant's intentional misrepresentation of using non-existent business entity. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 26, 2024 , LexisNexis #1224-037

Koger, In re--Usoroh v. Koger

Ruling
Buyer was entitled to relief from the bankruptcy stay to gain possession of Chapter 7 debtor's home purchased in a sheriff's sale as debtor lacked any legal or equitable interest in property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-026

Plevyak, In re

Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-073

Smith, In re

Ruling
Debt was nondischargeable as debtor willfully and maliciously converted receivables that belonged to another. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1124-032

Gurnari, In re

Ruling
Debtors were permitted to bifurcate a bank's secured claim as the note and mortgage maturedbefore filing of the bankruptcy case, allowing for cramdown. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-022

Brown, In re

Ruling
Bankruptcy court held that the revived judgment plus post-judgment, pre-petition interestaccrued thereon was nondischargeable. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-013