- 11 U.S.C.
Bohm v. Titus (In re Titus)
Feb
29
2012
Ruling
Deposits from employer into account held by debtor by the entireties with spouse were fraudulent to the extent occurring in reach back period.
Procedural posture
Plaintiff chapter 7 trustee brought a fraudulent transfer action against defendant debtor and his non-debtor spouse pursuant to Pennsylvania state fraudulent transfer law, particularly 12 Pa. Cons. Stat. § 5105 (2011), via 11 U.S.C.S. § 544(b)(1).
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- 11 U.S.C.
Sherry Justice Sales LLC v. Hawkins (In re Hawkins)
Jan
30
2012
Ruling
Debt was dischargeable absent false representations or justifiable reliance on any alleged misrepresentations.
Procedural posture
Creditor sought a declaration by the court of the nondischargeability of $96,000 owed to it by the debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Sherwood Fine Arts Inc. v. Burrik (In re Burrik)
Nov
30
2011
Ruling
Discharge denied due to debtor gallery owner's incomplete financial records.
Procedural posture
Creditor filed an adversary proceeding to oppose the grant of a chapter 7 discharge to debtors, a married couple, pursuant to 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4) and (a)(5). Plaintiff sought, in the alternative, rulings that its claim was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(4).
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Leach v. Wells Fargo Home Mortg. (In re Leach)
Oct
21
2011
Ruling
Judgment lien avoided solely against debtor's improved property.
Procedural posture
The chapter 7 debtor filed various motions, including a motion to approve a settlement with a creditor and a motion to avoid a judicial lien pursuant to 11 U.S.C.S. § 522(f).
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Electra Lighting & Elec. Co. v. S&T Bank (In re Free)
May
12
2011
Ruling
Bank's purchase of mortgaged properties at sheriff's sale could not be avoided as preferential.
Procedural posture
Defendant bank filed a motion to dismiss plaintiff debtor's adversary action, which sought to avoid as preferential under 11 U.S.C.S. § 547(b) the transfers of two discrete parcels of real property to the bank, and alleged that the bank violated the automatic stay.
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- 11 U.S.C.
Forde v. Campbell (In re Campbell)
Apr
14
2011
Ruling
Debtor was collaterally estopped from contesting nondischargeability of state court fraud judgment.
Procedural posture
Plaintiff judgment creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that his claim was nondischargeable under 11 U.S.C.S. § 523(a)(2). The debtor filed a motion seeking the entry of an order granting his discharge before the court disposed of the creditor's complaint and filed a motion to strike the creditor's post-trial brief as untimely.
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- 11 U.S.C.
Renshaw v. Clearview Fed. Credit Union (In re Renshaw)
Mar
14
2011
Ruling
Credit card debt claim was secured due to operation of cross-collateralization "dragnet clause" in subsequent line of credit agreement.
Procedural posture
Debtor sought to have a determination made as to the secured status of a pre-petition credit card debt that she owed to creditor. Both parties filed a motion for summary judgment.
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- 11 U.S.C.
Kegg v. Bailey (In Bailey)
Feb
14
2011
Ruling
Debtor's failure to inform creditor of impending bankruptcy or self-employed status before entering into truck lease did not render debt nondischargeable.
Procedural posture
Plaintiff claimant sought to have his claim against defendant, one of the debtors (hereafter debtor) declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2). The matter was pending decision following a trial.
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- 11 U.S.C.
Ruston v. Borreggine (In re Borreggine)
Feb
02
2011
Ruling
Promises to creditor lender which debtor intended to honor could not be basis for nondischargeability.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking to have her claims declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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- 11 U.S.C.
In re Owens
Jan
26
2009
Ruling
Objection to final distribution of proceeds of sale of entireties property overruled.
Procedural posture
The debtor filed a bankruptcy petition, but his wife did not join in the petition. Pursuant to 11 U.S.C.S. § 726, the chapter 7 trustee submitted a proposed final distribution of proceeds realized from the sale of the couple's residence, which they owned as tenants by the entirety when the debtor commenced his bankruptcy case. The debtor and wife filed an objection.
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Court
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