- 11 U.S.C.
Chew, In re
Apr
14
2021
Ruling
Prepetition claim for mortgage arrears was accurate where creditor was entitled to include anescrow deficiency and an escrow shortage in the chapter 13 plan. (Bankr. E.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of
ABI Membership is required to access the full summary of Chew, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Thomas, In re--Thomas v. City of Phila.
Mar
25
2021
Ruling
City did not violate the discharge injunction by seeking to enforce liens that passed throughdebtor's bankruptcy unaffected. (Bankr. E.D. Pa.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Thomas, In re--Thomas v. City of Phila. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
W.R. Grace & Co., In re
Mar
16
2021
Ruling
Claims had to be disallowed because the underlying causes of action had been dismissed ina state court lawsuit. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
ABI Membership is required to access the full summary of W.R. Grace & Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ricca, In re
Feb
26
2021
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.
ABI Membership is required to access the full summary of Ricca, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC
Feb
11
2021
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.
ABI Membership is required to access the full summary of Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Peta, In re
Feb
10
2021
Ruling
Court denied the stay relief motion because debtor's multiple bankruptcy cases were notintended to hinder or delay the bank. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
ABI Membership is required to access the full summary of Peta, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Phat, In re--Chen v. Phat
Jan
21
2021
Ruling
Debt was dischargeable where creditors had not demonstrated that the debtor intended todeceive them when he signed the settlement agreement or that he should have known that hecould not satisfy the terms of the agreement. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Phat, In re--Chen v. Phat Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Museum of Am. Jewish History, In re
Dec
04
2020
Ruling
Valuation of museum’s real property determined based on replacement value. (Bankr. E.D. Pa.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
ABI Membership is required to access the full summary of Museum of Am. Jewish History, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tzabari, In re--Walnut Meadows, LLC v. Tzabari
Nov
04
2020
Ruling
Nondischargeability claim failed as the weight of the evidence could not sustain a ruling thatthe debtor's failure to remove a mobile home from the plaintiff's property caused a "willfuland malicious" injury to the plaintiff. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Tzabari, In re--Walnut Meadows, LLC v. Tzabari Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Carbone, In re--Antonucci v. Carbone
Oct
02
2020
Ruling
Proceeding for revocation of Chapter 7 discharge dismissed with prejudice for failure to state aclaim for relief. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Revocation; Failure to Report, Deliver or Surrender Property.
ABI Membership is required to access the full summary of Carbone, In re--Antonucci v. Carbone Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: