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pennsylvania of 2nd circuit

Plevyak, In re--Solar Innovations, Inc. v. Plevyak

Ruling
Reconsideration of denial of discharge denied as state court's contempt finding was notentitled to collateral estoppel effect. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Commercial opinion summary, case decided on September 07, 2023 , LexisNexis #1123-016

Guy, In re

Ruling
Chapter 13 case converted to Chapter 7 as debtor had substantial nonexempt equity that couldyield a return to general unsecured creditors. (Bankr. W.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1023-069

Scherzinger, In re--Scherzinger v. Blair Cnty. Tax Claim Bureau

Ruling
Defendant was entitled to dismissal of plaintiff's action to avoid a pre-bankruptcy tax as thetransfer alleged to be preferential fell outside the 90 day preference period. (Bankr. W.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Timing.

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Consumer opinion summary, case decided on August 18, 2023 , LexisNexis #1023-065

Hercker, In re--Malvern Bank, N.A. v. Hercker

Ruling
Court found that the record could not support a summary ruling on denial of discharge as theparties disputed what inference could be made from debtor’s statements. (Bankr. E.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on August 14, 2023 , LexisNexis #1023-041

Scungio Borst & Assocs., LLC, In re

Ruling
Subcontractors willfully violated the automatic stay when they filed liens against estateproperty with knowledge of the debtor's bankruptcy. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on August 04, 2023 , LexisNexis #0923-080

Sanger, In re--Sanger v. JMG Partners 2021, LP

Ruling
Debtors could not avoid sale as a preferential transfer as the tax sale was held in compliancewith state law. (Bankr. M.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.

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Consumer opinion summary, case decided on August 01, 2023 , LexisNexis #0923-091

U Lock, Inc., In re--Snyder v. Biros

Ruling
Avoidance proceeding dismissed because defendant did not receive her property interestsfrom the debtor and therefore there were no avoidable transfers of an interest of the debtor.(Bankr. W.D. Pa.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on July 21, 2023 , LexisNexis #0923-038

Awadallah, In re

Ruling
Chapter 13 debtor's case warranted dismissal as the plan proposed to treat the claim of the solecreditor, the purchaser of the debtor's former property at a tax sale, by paying the creditor theredemption amount as if such right existed. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on July 19, 2023 , LexisNexis #0923-041

Scott, In re--Scott v. Cadle Co. II

Ruling
Debtor's adversary proceeding dismissed since trustee had not formally abandoned the claimand it remained property of the bankruptcy estate. (Bankr. E.D. Okla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on June 20, 2023 , LexisNexis #0823-060

Lazaro, In re

Ruling
Confirmation would not violate a creditor's rights as the debtor was trying to stay in his home and pay off arrears and the mortgage lender was seeking the benefit of its bargain. (Bankr. E.D. Pa.)
Issue(s)
Contents of Plan.

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Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-020