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pennsylvania of 2nd circuit

City of Chester, In re--City of Chester v. PHCC LLC

Ruling
Pledged revenues were not proceeds, products, offspring, or profits derived from prepetitionproperty and were excepted from creditors’ prepetition security interests. (Bankr. E.D. Pa.)
Issue(s)
Postpetition Effect of Security Interest.

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Commercial opinion summary, case decided on November 03, 2023 , LexisNexis #0124-014

Jeffery, In re

Ruling
Counsel for Chapter 7 trustee was entitled to compensation where counsel's services inconnection to the settlement of that claim were essential to the furtherance of both the trustee'sposition and the debtor's case. (Bankr. E.D. Pa.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on November 02, 2023 , LexisNexis #0124-001

D'Angelo, In re--Purlin 4, LLC v. Real Property Mortgagee I, LLC

Ruling
Removed state property law action that had no bearing on the bankruptcy case remanded tostate court. (Bankr. W.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on October 31, 2023 , LexisNexis #0124-023

Terrace Hous. Assocs., Ltd., In re

Ruling
Bankruptcy court lacked subject matter jurisdiction to reopen case dismissed for being filedon behalf of a corporate debtor by a non-attorney. (Bankr. E.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Close.

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Commercial opinion summary, case decided on October 25, 2023 , LexisNexis #1223-079

Mazzei, In re--Community Bank v. Mazzei

Ruling
Case dismissed as debtors had not filed in good faith and clogged the courts for years. (Bankr.W.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Commercial opinion summary, case decided on October 04, 2023 , LexisNexis #1223-021

Bolus, In re--Bolus v. SMS Fin. CH, LLC

Ruling
Debtor's action seeking to have a state court judgment avoided as an unauthorized postpetition transfer was barred by res judicata. (Bankr. M.D. Pa.)
Issue(s)
Postpetition Transactions.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-038

Yoncuski, In re--Deitrick v. Yoncuski

Ruling
A Chapter 13 discharge does not except debts on the basis of willful and malicious injury.(Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-034

Clark, In re

Ruling
Relief from stay to pursue eviction denied as the landlord and debtor had an enforceable rentto-own agreement for the property. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1123-078

Lewis, In re--Virginia Commercial Fin., LLC v. Lewis

Ruling
Creditor failed to show that debtor transferred, removed, or concealed property of the estateafter the date of the filing of the petition as required to support an objection to discharge.(Bankr. M.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on September 19, 2023 , LexisNexis #1123-067

Legarde, In re

Ruling
Settlement term sheet was a binding contract and it was fair and equitable for the purposes ofFed. R. Bankr. P. 9019 as a benefit to a third person was sufficient consideration to sustain apromise. (Bankr. E.D. Pa.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on September 14, 2023 , LexisNexis #1123-100