Skip to main content

Page Banner(Taxonomy)

pennsylvania of 2nd circuit

Batt, In re

Ruling
Dismissal of debtor's case denied as the bankruptcy court found no allegations of extravagantspending or inability to pay debts when incurred that would support a finding of an abuse ofthe provisions of Chapter 7. (Bankr. E.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

ABI Membership is required to access the full summary of Batt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #0924-093

Guza, In re

Ruling
Debtors were not eligible as their voluntary dismissal of their prior bankruptcy case wascausally connected to the granting of a motion for relief from stay filed by their mortgagelender. (Bankr. M.D. Pa.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

ABI Membership is required to access the full summary of Guza, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2024 , LexisNexis #0924-052

Higgins, In re

Ruling
Debtor's objections to claims arising from a CFTC civil enforcement action were without meritas the debtor's time-barred argument was waived and debtor already had agreed that theCFTC judgment was nondischargeable in a stipulation. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Higgins, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 23, 2024 , LexisNexis #0924-085

Creedon, In re

Ruling
Compensation for debtors' attorney was reduced by 25% as the case was a straightforwardChapter 13 in which debtors sought to avert the loss of their home to foreclosure. (Bankr. E.D.Pa.)
Issue(s)
Compensation of Officers; Determination of Amount; Awards to Trustees, Examiners

ABI Membership is required to access the full summary of Creedon, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 12, 2024 , LexisNexis #0924-029

Arnold Bros. Forest Prods., In re

Ruling
Chapter 11 case dismissed due to debtor's unauthorized use of cash collateral, inadequate business records hindering collateral valuation, and lack of evidence supporting ability to effectively reorganize. (Bankr. E.D. Okla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Arnold Bros. Forest Prods., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 03, 2024 , LexisNexis #0924-017

U Lock, Inc., In re

Ruling
Debtor's principal’s possession of two water tanks he was required to remove from debtor’sproperty pursuant to an earlier limited stay relief order did not violate the automatic stay.(Bankr. W.D. Pa.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of U Lock, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 24, 2024 , LexisNexis #0824-078

Gay, In re--DeMarco v. Gay

Ruling
State court judgment debt was nondischargeable on grounds of false pretenses, falserepresentation, or actual fraud. (Bankr. W.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Gay, In re--DeMarco v. Gay Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 11, 2024 , LexisNexis #0824-032

McNeal, In re--McNeal v. Brouse

Ruling
Debtor lacked standing to assert Chapter 13 trustee’s avoidance powers under § 548 and failedto assert its own avoidance rights under § 522. (Bankr. M.D. Pa.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of McNeal, In re--McNeal v. Brouse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 07, 2024 , LexisNexis #0824-037

Olson, In re--Wiley v. Olson

Ruling
Creditor was not estopped from seeking a nondischargeability determination with respect toits default judgment against debtor who provided misleading information regarding a dealthe creditor funded. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Olson, In re--Wiley v. Olson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 10, 2024 , LexisNexis #0724-035

Roberts, In re--Roberts v. Vara

Ruling
Reopening the debtor's bankruptcy case was warranted to permit the Chapter 7 trustee toinvestigate and administer a cause of action that was not disclosed by the debtor during thependency of her case. (Bankr. W.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

ABI Membership is required to access the full summary of Roberts, In re--Roberts v. Vara Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 08, 2024 , LexisNexis #0724-030