Bankruptcy Court for the Eastern District of Pennsylvania Court Cases

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  1. In Re Lenton (2006)

    Before the Court is the Motion of the United States Trustee (the "Trustee") to Dismiss the above-captioned bankruptcy case pursuant to 11 U.S.C. § 707(b) (the "Motion"). At issue is whether Debtor may deduct $836 from his current monthly income to account for payments on two loans from Debtor's 401(k) plan and therefore avoid or, if not avoided, rebut the presumption of abuse under the means test in 707(b)(2)(A). For the reasons that follow, I find that Debtor may not use the loan payments to [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: 06-10520DWS
  2. In Re Prussia Associates (2005)

    Richard B. DiFrischia, Esquire, William S. Coulson, Pittsburgh, PA, Dennis J. O'Brien, Esquire, Pittsburgh, PA, George Conway, Esquire, Office Of The U.S. Trustee, Myron Bloom, Esquire, Hangley, Aronchick, Segal & Pudlin, Nicole Marie Nigrelli, Esquire, Klehr, Harrison, Harvey, Braneburg, Ellers, Gretchen M. Santamour, Esquire, Wolf, Block, Schorr and Solis Cohen LLP, Philadelphia, PA, for Fremont Investment & Loan.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: 04-11042 SR
  3. In Re Wagner (1987)

    The debtor, Joseph Wagner, filed this action against a creditor, Hayward Ivory ("Ivory"), seeking damages for violation of the automatic stay, 11 U.S.C. § 362.[1] Trial of this case was held on December 3, 1986. After consideration of the evidence admitted at trial, I will award the debtor $100.00 in compensatory damages and $500.00 in punitive damages pursuant to 11 U.S.C. § 362(h). Debtor's counsel will be granted fifteen days to file a motion for award of attorney's fees.[2]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 86-02787G, Adv. No. 86-1144G
  4. In Re Brantz (1989)

    On June 16, 1989, the joint Debtors in this Chapter 13 bankruptcy case, DOUGLAS G. BRANTZ and ALETA BRANTZ (hereinafter "the Debtors"), commenced on May 25, 1989, filed a motion pursuant to 11 U.S.C. § 522(f)(1) seeking to avoid a judicial lien[1] in the amount of $28,441.17 obtained against their residential real estate at 2103 Friendship Street, Philadelphia, Pennsylvania 19149, held by Meritor Financial Services, Inc. (hereinafter "Meritor"). Meritor opposed the motion, principally by [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 89-11791S
  5. In Re Padilla (2008)

    Plaintiff-Debtor Irene Padilla ("the Debtor") initiated the above adversary proceeding against Defendant GMAC Mortgage Corporation ("GMACM") as a class action. The Debtor alleges that GMACM, a mortgage servicer, violated, on a systemic basis, the rights of debtors in chapter 13 bankruptcy cases that were "confirmed, completed and discharged" in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania. More specifically, the Debtor alleges that, after the entry of the debtors' chapter [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 98-18621ELF. Adversary No. 07-0156
  6. In Re Monroe Well Service, Inc. (1986)

    Before me is the debtors' motion to "Compel Further Continuation of Payments." This motion seeks to enjoin creditors from exercising their state created rights against non-debtors and raises issues involving the scope of the bankruptcy court's powers under 11 U.S.C. § 105 to stay the actions of entities who are not subject to 11 U.S.C. § 362. In order to understand the reasons why the debtors have sought to invoke the court's section 105 powers, and why, in my discretion, I am very [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 86-02012G
  7. In Re Harry Levin, Inc. (1994)

    Andrew Schwartz, the chapter 7 trustee of Harry Levin, Inc., t/a Levin's Furniture, has commenced two separate adversary proceedings. The first, Adv. No. 94-0451, has named Peter J. Kursman as the sole defendant, while the second, Adv. No. 94-0452, names Jetronic Industries, Inc. as the sole defendant. Both proceedings were filed on June 3, 1994.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 92-10517F. Adv. Nos. 94-0451F, 94-0452F
  8. In Re CF Foods, LP (2002)

    An involuntary chapter 7 bankruptcy petition was filed against C.F. Foods, L.P. (the "Debtor" or "CF Foods") on May 6, 1999. An order for relief was entered on July 1, 1999 and the chapter 7 trustee was appointed on July 15, 1999.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 99-15996 KJC. Adversary No. 00-443
  9. In Re Asousa Partnership (2001)

    Before the Court is the motion ("Motion") of defendant, Pinnacle Foods, Inc. ("Pinnacle"), seeking mandatory abstention and remand, discretionary abstention and remand or equitable remand of this action ("Action") to the Court of Common Pleas of Montgomery County ("State Court") where it was originally commenced. Plaintiff/Debtor, Asousa Partnership ("Debtor"), removed the Action to this Court after filing for bankruptcy. On April 24, 2001, a hearing was held on the motion; testimonial evidence [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 01-12295DWS. Adversary No. 01-0112
  10. In Re Apaydin (1996)

    Presently before the court is plaintiff Gulseren L. Apaydin's motion for summary judgment in the above captioned adversary proceeding. The plaintiffs filed the adversary proceeding under the Truth-In-Lending Act, 15 U.S.C. §§ 1601-1667e ("TILA"), and section 506 of the Bankruptcy Code, 11 U.S.C. § 506, with the objective of rescinding the mortgage on their residence and having the creditor's lien declared void.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 95-1890SR, Adv. No. 96-146
  11. In Re Russell (1987)

    The instant adversarial proceeding presents to us a number of questions which are both provocative and are apparently of first impression, at least in this jurisdiction. The issues presented, and our decisions as to each of them, are as follows:


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 86-00995K, Adv. No. 86-0712K
  12. In Re Reliance Group Holdings, Inc. (2002)

    Reliance Group Holdings, Inc. ("RGH" or the "Debtor") is a Delaware corporation that owns all the stock of Reliance Financial Services Corporation ("Reliance Financial"), which, in turn, owns all the stock of Reliance Insurance Company ("RIC"). RIC is a property and casualty insurer organized under the laws of the Commonwealth of Pennsylvania.[2] RIC is domiciled in Pennsylvania and has its principal place of business in New York.[3]


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 01-13404. Adversary Nos. 01-558-KJC, 01-559-KJC
  13. In Re Polysat, Inc. (1993)

    The chapter 11 debtor, Polysat, Inc., has filed an adversary proceeding seeking injunctive relief against the defendant, Union Tank Car Company (hereinafter "UTCC"). The debtor contends that the discharge injunction found in 11 U.S.C. § 524, which arose by confirmation of the debtor's plan under section 1141(d), bars UTCC from proceeding with litigation it commenced against the debtor in the Pennsylvania Court of Common Pleas. UTCC opposes the relief sought and argues that its claim against [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 89-12256F, Adv. No. 92-1094
  14. In Re Kincaid (2008)

    Before the Court are the Debtor's Objections to (1) Claim # 10 and #11 filed by eCast Settlement Corporation ("eCast") and (2) Claim # 17 and # 18 filed by Real LLC ("B-Real") (together with eCast, "Claimants"). Each of the disputed claims represents amounts due in connection with credit card accounts which allegedly were acquired by Claimants through assignment. Debtor objects to the allowance of these claims on the grounds that Claimants have not established that they are the assignees [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: 07-15890DWS
  15. In Re Soto (1998)

    Before the Court is the Motion of Defendant PNC Bank, N.A. (the "Bank") for Judgment on the Pleadings ("Motion"). A hearing on the Motion was held at which the parties presented oral argument. At the close of the hearing, the parties were granted the opportunity to file supplemental briefs with a two week deadline imposed for that purpose. Plaintiff, Minerva Soto ("Debtor") filed such a brief; the Bank did not.[1] The matter is now ripe for decision. Upon consideration, I grant the Motion in [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 96-31439DWS, Adversary No. 97-0684
  16. In Re Sverica Acquisition Corp., Inc. (1995)

    Presently before the Court are two Motions to Dismiss the Second Amended Complaint in the above captioned adversary proceeding. The first Motion to Dismiss ("Motion I") was filed by Defendants Load Rite Trailers, Inc. ("PA Load Rite"), Donald A. Paul ("Paul"), and J. Bruce Chambers ("Chambers") (collectively the "Load Rite Defendants"). The second Motion to Dismiss ("Motion II") was filed by Defendant Bank of America, Illinois, formerly known as and named as a party herein as Continental Bank, [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 92-24625 DWS. Adv. No. 94-2110
  17. In Re Feld (1996)

    The plaintiff in the instant adversary proceeding, AT & T Universal Card Services, Corp. ("AT & T"), seeks to have a credit card debt declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), the fraud exception. At issue is a debt in the amount of $8,195.48 resulting primarily from cash advances taken by the debtor Amy Feld ("Debtor") on plaintiff's credit card. We find that the debt is dischargeable.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 95-16748DWS, Adversary No. 95-0889
  18. In Re Najafi (1993)

    The instant contested matter and proceeding present two "student loan" issues arising from an unusual set of facts: (1) Is the bill of a private college for tuition, based upon a student-debtor's registration for, and brief attendance of, classes, where no prior agreement for payment had been made, an obligation within the scope of 11 U.S.C. § 523(a)(8)? and (2) Does that college violate 11 U.S.C. § 362 when, under these circumstances, it refuses to supply an official copy of the Debtor's [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 92-17427S, Adv. No. 93-0034S
  19. In Re Antonious (2006)

    In the above-captioned adversary, proceeding, the plaintiffs Bryon Stevens and Mayolia Stevens assert that the defendants —joint chapter 7 debtors Dennis Antonious and Peggy Antonious—owe them a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(2) and (a)(6).[1] The defendants maintain that any debt owed is dischargeable.


    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 05-18809. Adversary No. 05-575
  20. In Re Fries (1986)

    The debtors, Kevin J. Fries and Diane L. Fries, filed this chapter 13 bankruptcy case on March 12, 1986. On October 21, 1986, the court held a confirmation hearing. Prior to the confirmation hearing, Philadelphia National Bank (PNB), which holds both secured and unsecured claims, filed objections to confirmation on three grounds. PNB asserts that: (1) the debtors have not shown cause for extending the plan to 60 months as required by 11 U.S.C. § 1322(c); (2) the plan does not provide for full [...]

    Court: Bankruptcy Court for the Eastern District of Pennsylvania Docket: Bankruptcy No. 86-01193G

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