Ebson, In re
Feb
16
2022
Ruling
Claim objection overruled and amended proof of claim allowed in full as debtor failed toestablish that the vehicle, which was surrendered, was auctioned for a depressed value. (Bankr.E.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare
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- 11 U.S.C.
Spectrum All., LP, In re
Jan
21
2022
Ruling
Claim objection by the plan administrator overruled because the claim did not arise from thepurchase of a security of the debtor and was not subject to subordination. (Bankr. E.D. Pa.)
Issue(s)
Definitions; “Security”; Inclusions.
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Court
:
1121 Pier Vill. LLC, In re
Jan
11
2022
Ruling
Four of six affiliated debtors' cases were dismissed and two converted to Chapter 7 as debtorshad not commenced making required monthly interest payments nor had they filed a plancapable of confirmation. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Hurlbutt, In re--Reynolds v. Hurlbutt
Dec
23
2021
Ruling
Dismissal of Chapter 13 debtor's case for lack of good faith was not warranted as debtor madean honest effort to pay as much of judgment creditor's claim as she could with settlementproceeds. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Marshall, In re--Marshall v. Abdoun
Dec
21
2021
Ruling
Reconsideration of denial of motion to avoid tax sale denied because court did not err bymeasuring the property's equivalent value against the price that would have been received at aregularly conducted tax sale instead of against the property's fair market value. (Bankr. E.D.Pa.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
Trust v. Honeywell Int’l, Inc.
Dec
20
2021
Ruling
Insurance companies' motions to intervene in corporation's dispute with asbestos trust denieddue to corporation's financial obligation to the trust existing separate and apart from itssettlement agreements with the movants. (Bankr. W.D. Pa.)
Issue(s)
Intervention.
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Court
:
- 11 U.S.C.
Rickerson, In re--National Loan Invs., L.P. v. Rickerson
Dec
14
2021
Ruling
Debtor was not eligible to proceed under subchapter V as she failed to meet her burden ofproof to show that she was engaged in commercial or business activities. (Bankr. W.D. Pa.)
Issue(s)
Definitions; Subchapter V Debtor; Person Engaged in Commercial or Business
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Court
:
- 11 U.S.C.
Jager, In re--InFirst Bank v. Jager
Dec
14
2021
Ruling
Motion for relief from stay granted where debtors' equitable interest in real property wasextinguished at the completion of sheriff's sale and debtors had no right to cure prepetitiondefault. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
E. Penn Children's Learning Academy, LLC, In re
Dec
03
2021
Ruling
Debtor's objection to landlord's proof of claim sustained as the damages due under the leaseagreement and applicable state law were lower than the amount that would be provided bythe rent cap. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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Court
:
- 11 U.S.C.
Wainer, In re
Nov
16
2021
Ruling
Trustee's objection to debtors' claimed exemption in annuity proceeds overruled. (Bankr. E.D.Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Benefits Akin to Future Earnings; Pensions
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Court
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