- 11 U.S.C.
Melendez, In re--Martin v. Melendez
Aug
27
2018
Ruling
Court ruled that the judgment the buyers obtained against the debtor in state court was nondischargeable where the debtor made numerous misrepresentations about the condition of the house in a disclosure statement he signed which induced the buyers to purchase the house. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 28 U.S.C.
Rivera, In re--Lynch v. Rivera
Dec
08
2017
Ruling
District court did not have jurisdiction over plaintiff's case as he failed to file an appeal for the court order denying his in forma pauperis petition within the prescribed time. (Bankr. E.D. Pa.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
Young, In re--Hampton v. Young
Nov
20
2017
Ruling
Claims against debtor were dischargeable as creditor failed to demonstrate that debtor intended to defraud the creditor by not disclosing the transfers or receipt of refund on his schedules. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Estate.
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Court
:
- 11 U.S.C.
Kamps, In re--Harris v. Kamps
Aug
31
2017
Ruling
Court concluded that only the $15,000 award of compensatory damages for plaintiff'sintentional infliction of emotional distress claim constitute willful and malicious injuries andare therefore nondischargeable. (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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Court
:
Sheppard v. United States Bank Nat'l Ass'n
Apr
04
2017
Ruling
Debtor lacked standing to pursue claims against defendants as debtor's claims existed before the petition date and thus, claims were property of the estate and trustee had the exclusive standing to prosecute them. (Bankr. E.D. Pa.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.
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Court
:
- 11 U.S.C.
Fulton, N.A. v. Robbins (In re Robbins)
Dec
21
2016
Ruling
Defendant's nondischargeability claim against debtor dismissed for failure to prove thatdebtor had the intent to decieve. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
Miller v. Citibank, N.A. (In re Miller)
Oct
13
2016
Ruling
Partially secured mortgage on debtor’s primary residence could not be voided. (Bankr. E.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
In re Iredia
Sep
16
2016
Ruling
Case dismissed with prejudice and two-year refiling bar as debtor’s efforts to conceal andmisrepresent assets amounted to bad faith. (Bankr. E.D. Pa.)
Issue(s)
Should debtor’s case be dismissed for bad faith and with a refiling bar?
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Court
:
- 11 U.S.C.
In re Pittman
May
06
2016
Ruling
Plan treating tax sale purchaser's right to payment of redemption amount as secured claim could be confirmed.
Issue(s)
Could a chapter 13 plan treat a tax sale purchaser's right to payment of redemption amount as a secured claim to be paid pursuant to the terms of the plan?
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Court
:
- 11 U.S.C.
In re Rosenblum
Feb
29
2016
Ruling
Bankruptcy court could confer derivative standing on creditors to pursue fraudulent transferproceeding in state court on behalf of the estate. (Bankr. E.D. Pa.)
Issue(s)
Whether the court could use its equitable powers under 11 U.S.C.S. § 105(a) to confer derivative standing under 11 U.S.C.S. § 544 on creditors that held a judgment against a Chapter 13 debtor so the creditors could prosecute a fraudulent transfer action they filed in state court, which alleged that the debtor violated 12 Pa. Cons. Stat. §§ 5104 and 5105 when he transferred property he owned to his father and a friend;
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Court
: