Bankruptcy Court for the Western District of Pennsylvania Court Cases

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  1. Susan Tomco (2006)

    The matter before the Court concerns the above referenced debtor's eligibility to be an individual consumer debtor pursuant to § 109 of the United States Bankruptcy Code (hereinafter referred to as "the Bankruptcy Code"), as amended by the Bankruptcy Abuse Protection and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 (April 20, 2005) (hereinafter referred to as the "2005 Act"). The issue specifically before the Court is whether the debtor in this case has satisfied the credit [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: 06-20074-JAD
  2. In Re Buzzelli (2000)

    PNC Bank (hereafter "PNC"), plaintiff herein, via its instant adversary complaint (a) requests that this Court declare its judgment claim against Phillip Buzzelli, the above-captioned debtor and defendant herein, to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A)-(B), and (b) objects to the debtor's Chapter 7 discharge pursuant to 11 U.S.C. § 727(a)(3)-(5). By virtue of its Memorandum Opinion and Order of Court dated February 25, 1999 (hereafter "the February 25, 1999 Opinion"), the [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 97-23888-MBM. Adversary No. 98-2056-MBM
  3. In Re Countrywide Home Loans, Inc. (2008)

    This case concerns the power of the office of the United States Trustee ("UST") to obtain information from a secured creditor in a number of bankruptcy cases pursuant to Notices of Examination under Fed.R.Bankr.P.2004 and Subpoenas Duces Tecum. The creditor, Countrywide Home Loans, Inc. ("Countrywide"), has filed an objection to the Notices of Examination and Subpoenas and seeks to have them quashed. For the reasons that follow, the Court will deny Countrywide the relief it seeks and permit the [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: 07-00204 TPA
  4. In Re Insulfoams, Inc. (1995)

    The chapter 7 trustee in the above bankruptcy case has brought an action against defendants Dennis and Marion Donaldson, who were principals of this debtor when in possession under chapter 11, averring a breach of fiduciary duty. According to the trustee, defendants caused debtor's plan of reorganization to be confirmed under "false pretenses" and then breached their duty as fiduciaries by causing debtor's plan to fail by usurping debtor's business opportunities and diverting certain business [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 89-21047-BM. Adv. No. 94-2284-BM
  5. In Re Papercraft Corp. (1995)

    The matter before the court is an action by the Committee of Creditors Holding Unsecured Claims and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation (hereafter collectively "creditors' committee" or "committee") for equitable subordination and objecting to the claim of Citicorp Venture Capital, Ltd. (hereafter "CVC"). Previously this court addressed the allowance of the claim on a motion for partial summary judgment. By opinion and order dated [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 91-00903 JKF. Adv. No. 91-0642
  6. In Re Allegheny Intern., Inc. (1990)

    Joseph A. Katarincic, Katarincic & Salmon, Pittsburgh, Pa., James W. Giddens, Hughes Hubbard & Reed, Herbert P. Minkel, Jr., Fried Frank Harris Shriver & Johnson, Andrew Levander, Shereff, Friedman, Hoffman & Goodman, New York City, for Japonica Partners, L.P.


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 88-00448, Motion Nos. 90-2458M, 90-2529M, 90-2789M and 90-4219M, Adv. No. 90-260
  7. In Re Air Nail Co., Inc. (2005)

    Alameda Produce Market, Inc. (hereafter "Alameda") brings the instant multi-count action against Bruce and Martin Massman (hereafter "the Massmans") and Air Nail Company, Inc., the instant debtor-in-possession (hereafter "the Debtor"), so as to exact from such defendants substantial relief relative to Alameda's attempted purchase from the Massmans of commercial realty that is presently occupied by, as well as leased by the Massmans to, the Debtor. In particular, Alameda (a) brings a breach of [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 03-29029-MBM, Adversary No. 03-3203-MBM
  8. In Re Duncan (1996)

    This opinion is issued in response to, and subsequent to the hearing on August 13, 1996 regarding, the motion of the U.S. Trustee requesting that respondent's Chapter 7 case be dismissed pursuant to 11 U.S.C. § 707(b). The U.S. Trustee asserts that dismissal is appropriate in this case because respondent's debts are primarily consumer debts and a discharge would constitute a substantial abuse of the Chapter 7 process. Respondent, who commenced this case on February 22, 1996, opposes such [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 96-20872-MBM, Motion No. 96-2033M
  9. In Re Claude (1997)

    The issue for determination in this Chapter 13 case is whether Debtors are entitled to exempt the net settlement proceeds in the amount of $16,433.20 ("Proceeds") obtained in the settlement of personal injury claims asserted by Barbara Claude and a loss of consortium claim asserted by James Claude against Dennis A. Sneary and the Hobart Corporation ("Defendants"). Barbara Claude claims an exemption in the Proceeds pursuant to § 522(d)(11)(D)[1] and § 522(d)(11)(E). The Chapter 13 Trustee [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 94-10048, Motion Nos. CTT-1, SHH-20
  10. In Re Cowden (2006)

    AND NOW, this 30th day of January, 2006, upon consideration of (a) the adversary complaint filed by Gary L. Smith, the Chapter 7 Trustee in the above-captioned bankruptcy case (hereafter "the Trustee"), wherein the Trustee seeks to avoid as fraudulent several pre-petition transfers of property effected by Elizabeth J. Cowden, the instant debtor (hereafter "the Debtor"), to herself and her husband, Robert A. Cowden, Sr., as tenants by the entirety (hereafter "the Defendants"), (b) the [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 03-20637-MBM. Adversary No. 05-2693-MBM
  11. In Re Correll (1989)

    The sole issue for determination in each of these adversary proceedings is whether, upon the facts of each case, repayment of educational loans would subject the debtor to "undue hardship" so as to entitle the debtor to be discharged from liability for the debt under 11 U.S.C. § 523(a)(8)(B).


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy Nos. 87-00235E, 88-00466E, 88-01610 PGH, 89-0051 PGH and 88-00348E, Adv. Nos. 88-0085, 88-0097, 88-0417, 89-0040, 89-0005
  12. In Re Lewandowski (1998)

    The matter before the court is the motion of the United States Department of Housing and Urban Development (HUD)[2] for summary judgment pursuant to Debtors' Complaint to Determine Secured Status and to Avoid Mortgage. In their complaint Debtors seek a determination that HUD's second mortgage claim is wholly unsecured and is avoidable in its entirety under 11 U.S.C. § 506.[3] In their Response to Motion for Summary Judgment, Debtors also argue that the anti-modification clause of 11 U.S.C. § [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 97-23389 JKF, Adversary No. 97-2250
  13. In Re Wingard (2008)

    This Memorandum Opinion constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. The matter before the Court is an Adversary Proceeding commenced by Scott and Sharon Wingard (the "Wingards" or the "Debtors") against both Altoona Regional Health Systems and its agent and debt collector, Credit Control Collections (the "Defendants"). This matter is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A), (G), and (0), and this Court has jurisdiction [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 06-70948-JAD, Adversary No. 07-07038-JAD
  14. In Re Allegheny, Inc. (1986)

    Presently before the Court are the Defendant's Motion to Dismiss this adversary proceeding, and Plaintiff's Counterclaim requesting a determination of the status of this proceeding as either "core" or "related". The specific issues before the Court are as follows:


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 85-2136, Adv. No. 86-0179
  15. In Re Woolaghan (1992)

    The matter before the court concerns an objection filed by Raymond and Mary Ann Woolaghan against United Mortgage Services, Inc., and their motion for summary judgment. For the reasons stated below, the motion for summary judgment is denied and judgment is in favor of United Mortgage Services, Inc. for the full amount of its secured claim consistent with this Memorandum Opinion.


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 90-3780 JLC, Motion No. 91-5467M
  16. In Re Prisuta (1990)

    Before the Court is an involuntary Chapter 7 petition brought by Bank One Cleveland, Century Surety Company, Alliance Indemnity Insurance Company, and National American Insurance Company ("petitioners") against Milo and Violet Prisuta ("alleged debtors").


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 90-2418
  17. In Re Waugh (1988)

    On October 24, 1986, the Debtors, Henry Edward Waugh and Grace Ida Waugh ("debtors"), commenced an action to recover funds withheld by R.J. Saldamarco, Esq., the trustee in their chapter 13 case. The debtors aver that the funds in question were distributed to their creditors after this Court entered an order to convert the case to a chapter 7. Thus, the debtors allege that the trustee wrongfully distributed the funds. In response to the debtors' Complaint, the trustee moved for dismissal, [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 82-2836, Adv. No. 86-0567
  18. In Re Ali (2005)

    AND NOW, this 21st day of March, 2005, upon consideration of (a) the adversary complaint filed by Joseph Wymard (hereafter "Wymard"), wherein Wymard seeks to have his claim of $25,000 against Laurie Ali, the instant debtor and defendant herein (hereafter "the Debtor"), determined to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2) and (a)(6), (b) the Debtor's answer, (c) the parties' pre-trial statements and post-trial briefs, and (d) the various exhibits introduced as evidence at trial [...]

    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 04-22633-MBM. Adversary No. 04-2568-MBM
  19. In Re Sky Group Intern., Inc. (1989)

    In addition, it was uncontroverted at the November 29, 1989 hearing, that all elements necessary to a determination that relief should be granted in this involuntary petition were found in this case. Accordingly, an Order granting Debtor relief under Chapter 7 of the Bankruptcy Code will be and hereby is entered pursuant to 11 U.S.C. § 303(b).


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: Bankruptcy No. 89-2622, Motion Nos. 89-6683M to 89-6685M
  20. In Re Miller (2005)

    Stacy L. Miller ("Debtor") filed a voluntary Petition under Chapter 13 of the Bankruptcy Code on September 22, 2003. Ronda J. Winnecour, Esq. ("Trustee") serves as Chapter 13 Trustee. Before the Court is DEBTOR'S MOTION FOR AUTHORIZATION FOR SECURED POSTPETITION FINANCING ("Motion"). The Trustee objects to the Motion.


    Court: Bankruptcy Court for the Western District of Pennsylvania Docket: 03-12301

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