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Farber, In re

Ruling
Debtor's claim of exemption as to retirement funds was disallowed. (Bankr. E.D. Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Retirement Funds.

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Consumer opinion summary, case decided on April 26, 2022 , LexisNexis #0622-082

Buffenmeyer, In re--Feldman v. Buffenmeyer

Ruling
Workers' compensation proceeds were property of the estate because the debtor did not renderany actual post-petition service to the employer. (Bankr. E.D. Pa.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Post-petition

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Consumer opinion summary, case decided on July 07, 2021 , LexisNexis #0821-066

Ricca, In re

Ruling
Debtor husband's interest in expected inheritance from his father was property of the Chapter7 estate, subject to the lender's security interest. (Bankr. E.D. Pa.)
Issue(s)
Disposition of Certain Property.

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Consumer opinion summary, case decided on February 26, 2021 , LexisNexis #0421-046

Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC

Ruling
Withdrawal of the reference was warranted as the adversary proceeding between nondebtor parties no longer had any bearing on the bankruptcy estate. (Bankr. E.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Cases Under Title 11.

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Commercial opinion summary, case decided on February 11, 2021 , LexisNexis #0321-096

Wilton Armetale, Inc., In re

Ruling
Chapter 7 trustee's motion to abandon common law causes of action against debtor's formerlegal counsel granted. (Bankr. E.D. Pa.)
Issue(s)
Abandonment of Property of the Estate.

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Commercial opinion summary, case decided on August 25, 2020 , LexisNexis #1020-013

Bayview Loan Servicing, LLC v. Gold (In re McLaren)

Ruling
Trustee could not be held personally liable for distributions of estate's assets made inaccordance with court's final order. (Bankr. E.D. Va.)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on December 14, 2016 , LexisNexis #0117-048

In re Holland

Ruling
Debtor’s former spouse who had not filed a proof of claim was not entitled to relief from stay.(Bankr. E.D. Va.)
Issue(s)
Should debtor’s spouse be granted relief from the automatic stay to conclude a pending divorce case and seek a monetary award allocating marital assets?

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Consumer opinion summary, case decided on September 22, 2016 , LexisNexis #1016-077

In re Ryan-Jones

Ruling
Trustee could not hire own law firm to sell debtor’s property where the firm’s representation of secured creditors created a conflict of interest.
Issue(s)
Whether the trustee’s law firm, which trustee sought to employ, represents an interest adverse to the estate?

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Consumer opinion summary, case decided on June 20, 2016 , LexisNexis #0716-033

Miss Ann Charters LLC v. Chesapeake Marine Ry. LLC (In re Miss Ann Charters LLC)

Ruling
Proof of claim allowed with reduction for charges not agreed to by debtor and for damage caused by creditor to debtor's yacht.
Issue(s)
Could proof of claim for cost of repairs to debtor's yacht be allowed and should the amount of the claim be reduced due to damages claimed by debtor?

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Commercial opinion summary, case decided on December 16, 2015 , LexisNexis #0116-045

In re Brown

Ruling
Case dismissed for bad faith where debt exceeded chapter 13 limits and inability to propose a confirmable plan.
Issue(s)
Should debtor's case be dismissed due to debt in excess of chapter 13 limits?

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Consumer opinion summary, case decided on September 21, 2015 , LexisNexis #1015-062