- 11 U.S.C.
Huss v. Heydt (In re Heydt)
Mar
20
2012
Ruling
Loan obtained due to debtor's misrepresentation that it would be repaid with settlement proceeds was nondischargeable.
Procedural posture
Plaintiff creditor filed an adversary complaint seeking to have the debt of defendant, a chapter 7 debtor, excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- FRBP
In re City of Harrisburg
Dec
13
2011
Ruling
Extension of time to appeal dismissal of chapter 9 case denied absent excusable neglect.
Procedural posture
A city, through its city council, filed for chapter 9 bankruptcy. After the court dismissed the petition, the city council filed a motion under Fed. R. Bankr. P. 8002 for an extension of time to file an appeal under 28 U.S.C.S. § 158(a). The mayor and a county filed objections to the motion.
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Court
:
- 11 U.S.C.
In re City of Harrisburg
Dec
05
2011
Ruling
Chapter 9 case dismissed where city was not specifically authorized by Commonwealth to file for bankruptcy.
Procedural posture
Petitioning debtor, the city council of Harrisburg, Pennsylvania, filed a petition for bankruptcy relief under chapter 9. Various parties, including the mayor and the Commonwealth of Pennsylvania, filed objections, seeking to have the petition dismissed, asserting the council lacked the authority to take such action, and that the city was not specifically authorized to be a debtor as required by 11 U.S.C.S. § 109(c)(2).
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Court
:
Thebes v. Pennsylvania Dept of Env.. Prot. (In re Thebes)
Oct
19
2011
Ruling
State department of environmental protection's cleanup order was not a claim and not dischargeable.
Procedural posture
Chapter 7 debtor sought a ruling that injunctive orders issued against him by defendant, the Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), were dischargeable claims under 11 U.S.C.S. § 727(b). The DEP filed a motion for summary judgment.
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Court
:
In re Tillie Pierce House LLC
Aug
10
2011
Ruling
Motion for payment of escrowed funds for unpaid postpetition preconversion taxes upon debtor's default under stipulation denied as funds were property of the estate.
Procedural posture
Debtor filed a chapter 11 bankruptcy petition. The debtor and movant creditor executed a stipulation in which they agreed that the debtor would make monthly adequate protection payments to the creditor. The creditor filed a certification that the debtor defaulted on the stipulation. The case was converted to chapter 7. The creditor filed a motion for payment of escrowed tax moneys, seeking the release of funds held by the trustee.
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Court
:
DeAngelis v. Shiloh (In re Shiloh)
Jul
26
2011
Ruling
Postdischarge conviction for drug dealing during period when debtor had claimed to have no income was not grounds for revocation of discharge.
Procedural posture
United States Trustee ("UST") filed an adversary proceeding against chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727(d) which revoked a discharge the debtor received under 11 U.S.C.S. § 727(a). The case was tried to the court.
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Court
:
- 11 U.S.C.
Beneficial Consumer Discount Co. v. Erb (In re Erb)
Jun
29
2011
Ruling
Debtors could not strip off second mortgage where court's analysis showed equity in the subject property.
Procedural posture
A creditor, the holder of a second mortgage against the debtors' residence, objected to the Chapter 13 plan filed by the debtors. In their second amended plan, the debtors proposed to strip off the creditor's mortgage under 11 U.S.C.S. § 506(a). The creditor objected to this treatment of its claim, alleging that it violated the anti-modification clause of 11 U.S.C.S. § 1322(b)(2).
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Court
:
Metro Bank v. Van Horn (In re Van Horn)
May
19
2011
Ruling
Relief from stay granted due to small equity cushion in property.
Procedural posture
In respondent debtor's Chapter 13 case, movant creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).and (2).
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Court
:
- 11 U.S.C.
Department of Environmental Protection v. Thebes (In re Thebes)
Mar
29
2011
Ruling
Department of Environmental Protection penalties for violations of Solid Waste Management Act were not compensation for pecuniary loss and were nondischargeable.
Procedural posture
Plaintiff, the Commonwealth of Pennsylvania Department of Environmental Protection (DEP), sought a declaration under 11 U.S.C.S. § 523(a)(7) that certain debts incurred by the debtor were nondischargeable. The DEP filed a motion for summary judgment.
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Court
:
In re Stumpf
Feb
09
2011
Ruling
Discharge denied due to debtor's false oaths, failure to list gun safe or mobile home in schedules and transfer of gun collection with intention to hinder, delay or defraud creditor.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2) and (3) to have his debts discharged. The case was tried to the court.
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Court
: