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In re Jumpp

The matter came before the court on motion for determination and declaratory judgment as to continuance and existence of an automatic stay with respect to the residences of two debtors and debtors'motions to reimpose the automatic stay as to all creditors pursuant to 11 U.S.C. § 105(a). Mortgagee opposed, with respect to the residence of each debtor, to each of the foregoing motions.
Ruling: 
Debtor's motion for continuance of automatic stay was denied.
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In re Atamian

Debtor filed a motion pursuant to 11 U.S.C. § 362(h) for sanctions, damages, and punitive damages against creditor and the creditor's insurer, as subrogee. The creditor opposed the motion and also filed a request for clarification of the court's previous order that granted the creditor limited relief from the automatic stay to permit the creditor to continue to pursue claims against the debtor.
Ruling: 
Debtor was granted motion for actual and punitive damages for creditor's violation of stay.
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In re Crane Rental Co.

Creditor provided health care, disability, pension and 401(K) plan benefits to heavy equipment operators working in the construction industry, including the employees of the debtor. The creditor filed a motion to amend its proof of claim, or in the alternative for leave to file a late claim.
Ruling: 
Late-filed proof of claim was allowed due to excusable neglect.
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Nickless v. Aaronson (In re Katz)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partners in a partnership in which the debtor was also a partner, seeking a wind up of the partnership and a sale of partnership assets. The partners moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
Court abstained on ruling on trustee's efforts to obtain a winding up and accounting of a partnership in favor of a state court action.
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Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)

Plaintiff filed an action in state court against defendant company that was a "doing business as" of the debtor. The debtor removed the lawsuit to the court. The court granted plaintiff's emergency motion for a remand, and then granted the debtor's motion for reconsideration. Upon reconsideration, the court issued findings of fact and conclusions of law.
Ruling: 
Court abstained from adjucating the matter and granted motion to remand the case to state court since the case involved intrastate commerce matters only.
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Nosek v. Ameriquest Mortg. Co. (In re Nosek)

Plaintiff debtor filed a motion pursuant to Fed. R. Civ. P. 59(c) and Fed R. Bankr. P. 9023 for reconsideration of the bankruptcy court's denial of her motion pursuant to Fed. R. Bankr. P. 7015(b) to amend the pleadings to conform to the evidence.
Ruling: 
Motion to amend the pleadings was again denied since the debtor failed to allege any newly discovered eveidence, any error of law, or any change in the law.
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In re Indus. Commer. Elec. Inc.

Movants, the debtors, a bank, and the official committee of unsecured creditors, sought entry of an order pursuant to 11 U.S.C. § 105(a), for approval of a settlement reached between the three moving parties. The IRS objected to the motion on several grounds, including the fact that the settlement would preclude the IRS from proceeding against the bank in a related district court proceeding.
Ruling: 
Court denied a motion to approve a settlement since the movants'proposed order required the dismissal of an action filed by the IRS in another court.
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Lorenz v. Am. Educ. ServicesPennsylvania Higher Educ. Assistance Agency (In re Lorenz)

Plaintiff debtor filed an adversary proceeding against defendant creditor seeking a determination that the debtor's student loans were dischargeable due to "undue hardship" under 11 U.S.C. § 523(a)(8). These student loans were used to finance the debtor's podiatry school education. Due to changes in the field, the debtor abandoned podiatry and chose instead to pursue a career as a registered nurse. The debtor was unemployed at the time of trial.
Ruling: 
Student loans were deemed dischargeable due to undue hardship for a debtor who faced having to switch careers to increase income.
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