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pennsylvania of 2nd circuit

Badyrka, In re

Ruling
Counsel for Chapter 13 debtor was allowed interim compensation for fees and expenses butnot in the amount requested as the amount that counsel billed was excessive in light of thepresumptively reasonable fee. (Bankr. M.D. Pa.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-029

Reppert, In re

Ruling
Court entered an order dismissing the case with prejudice and imposing a two-year filing baras the creditors had been severely prejudiced by the debtor's failings. (Bankr. W.D. Pa.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-022

Rosenberg, In re

Ruling
Taxpayer's request for discharge was denied as debtor wife’s amended statements whichreflected firearm transfers were consistent with a pattern of nondisclosure and concealmentevidencing an intent to deceive. (Bankr. W.D. Pa.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on August 26, 2022 , LexisNexis #1022-092

Busby, In re

Ruling
Debtor was not entitled to an award of damages as she had not established that the mortgageeor its counsel violated the discharge injunction by seeking payment of the mortgagee'smortgage against the ex-husband's tenant. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on August 01, 2022 , LexisNexis #0922-076

Badolato, In re

Ruling
Judgment lien was totally avoided as and impairing the debtor's exemption in the subjectproperty. (Bankr. E.D. Pa.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on July 25, 2022 , LexisNexis #0922-033

Silvera, In re

Ruling
Voluntary dismissal granted due to potential harm to the debtor as a result of counsel'sfailure to disclose debtor's ownership of a residence. (Bankr. E.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on July 14, 2022 , LexisNexis #0922-013

Mammay, In re--Mammay v. Winnecour

Ruling
Debtor's request to hold Chapter 13 trustee in contempt was unfounded as the trustee hadcomplied with the court's orders to pay allowed unsecured creditors, the trustee's percentagefee, and debtor's allowed fees from the remaining funds on hand. (Bankr. W.D. Pa.)
Issue(s)
Effect of Dismissal; Specific Effects.

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Consumer opinion summary, case decided on July 07, 2022 , LexisNexis #0822-077

Williams, In re

Ruling
Court declined to enter an order directing compliance with 11 U.S.C. 521(f) as the parties didnot advise the court of any unique circumstances or particular facts indicating a cause forconcern that the debtors were under-reporting income. (Bankr. E.D. Okla.)
Issue(s)
Debtor’s Duties; Additional Filings Upon Request.

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Consumer opinion summary, case decided on July 05, 2022 , LexisNexis #0822-060

Aller, In re

Ruling
Sale of property was not required to be re-noticed as neither the estate nor creditors wouldhave benefitted from a higher or better sale price nor were they damaged by the increasedtransactional costs. (Bankr. W.D. Pa.)
Issue(s)
Notices to Creditors, Equity Security Holders, Administrators in Foreign

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Consumer opinion summary, case decided on July 01, 2022 , LexisNexis #0822-074

Lewisberry Partners, LLC, In re

Ruling
There is no federal bankruptcy right to modify a creditor's contractual right to collect defaultinterest otherwise collectible under the parties' loan contract. (Bankr. E.D. Pa.)
Issue(s)
Impairment of Claims or Interests; When Default Rights Are Not Impaired.

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Commercial opinion summary, case decided on July 01, 2022 , LexisNexis #0822-070