MEMORANDUM OPINION JEAN K. FITZSIMON , Bankruptcy Judge . Before the Court is the Debtor's Motion to Reopen his bankruptcy case. Conestoga Title Insurance Company (Conestoga) filed a Response in opposition to the motion. For the reasons set forth below, the Motion will be granted. 1 Background Prior to bankruptcy the Debtor amassed a portfolio of investment properties. See Sched. A. Among those properties is 1900 South 19th Street in Philadelphia (the 19th Street property). Id....
MEMORANDUM MAGDELINE D. COLEMAN , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Before the Court for disposition are separate objections (together, the "Objections") 1 brought by Christine C. Shubert, as Chapter 7 Trustee of the above-captioned bankruptcy estates (the "Trustee"), to proofs of claim (together, the "Claims") 2 filed by Sandra Rapp ("Ms. Rapp") and Sheila Pringle ("Ms. Pringle," and together with Ms. Rapp, the "Claimants"). The Trustee objects to the allowance of the...
MEMORANDUM OPINION JEAN K. FITZSIMON , Bankruptcy Judge . Introduction Before the Court is the Defendant's Motion to Dismiss the above captioned adversary proceeding. The Debtor opposes the motion. For the reasons which follow, the motion will be granted. 1 Counts The complaint pleads five counts each of which seeks to avoid the Defendant's security interest in the Debtor's home. Of the five counts, they break down into the two general theories of avoidance: fraudulent transfer...
ORDER AMENDING OPINION ERIC L. FRANK , Bankruptcy Judge . AND NOW, this 24th day of February, 2020, upon consideration of Martin Brown and Brown and Thomas, LLC's (collectively, "Brown") Motion (Doc. # 183, the "Motion") to correct the Court's Memorandum Opinion issued on February 13, 2020 (Doc. # 179, the "Opinion"): Upon review of the factual record in this and the Debtor's previous bankruptcy (Bky. No. 17-14588), it is hereby ORDERED that: 1. The Motion is GRANTED. 2. The...
OPINION ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Joshua Louis Thomas, Esq. ("Thomas") represented Sharon E. Thomas ("the Debtor") 1 in this and a previous bankruptcy case, filed approximately sixteen (16) months apart. Both cases have been contentious, largely due to the opposition of a major creditor, Martin Brown, acting individually and through his entity, Brown and Thomas, LLC ("B&T") ("Brown" when referred to collectively). B&T is a real estate brokerage firm in...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION James E. Mager ("the Debtor") commenced this chapter 13 bankruptcy case on June 24, 2019. On October 25, 2019 Fresh Look Flooring LLC, d/b/a Olden Carpet and Flooring ("Fresh Floor") filed a motion for relief from the automatic stay, seeking leave to resume state court litigation against the Debtor("the Motion") (Doc. # 29). The Debtor filed a response to the Motion on November 13, 2019 (Doc. # 37). A hearing on the...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In February 2015, the City of Philadelphia ("City") sold real property ("Property") owned by Kathylene Marshall ("Debtor") and her husband to Yasir Abdoun ("Abdoun") at a sheriff's sale, on account of delinquent real estate taxes, for $29,000. During the sale process, the Philadelphia County Court of Common Pleas ("State Court") failed to hold a hearing prior to the issuance of the decree authorizing the sale, as...
Honorable Ashely M. Chan , Judge . I. Introduction Although the appointment of a chapter 11 trustee is an extraordinary remedy, the facts in this case easily satisfy the requirements in 1104(a) of the Bankruptcy Code. Based upon the prepetition and postpetition conduct of Dr. James McGuckin ("McGuckin"), who is the sole member of the general partner of Vascular Access Centers, L.P. ("VAC"), the Court finds that McGuckin is unable to discharge his fiduciary responsibilities to VAC...
OPINION Jean K. Fitzsimon , United States Bankruptcy Judge . Introduction The Trustee has sued the Debtor and his wife to avoid and recover the Debtor's prepetition transfer of his home. The Trustee maintains that the transfer constitutes a fraudulent conveyance under applicable non-bankruptcy law. The Defendants filed an Answer to the Complaint asserting that the transfer was legitimate. Now before the Court is the Trustee's Motion for Summary Judgment. The Motion is opposed. For the...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW, upon consideration of the Debtors' Motion for Reconsideration of the Order Denying the Debtors' Application to Employ D. Rick Whitesides, MAI, SAR as Appraiser.("the Motion to Reconsider") (Doc. #223) and the Motion to Expedite Consideration of the Motion to Reconsider ("the Motion to Expedite) (Doc. #224); AND, the purpose of a motion for reconsideration being to correct manifest errors of law or fact or to present newly discovered...
OPINION Ashely M. Chan , United States Bankruptcy . I. INTRODUCTION The debtor, Joseph L. LaSpina ("Debtor"), objects to the proof of claim ("Claim") filed by his ex-wife, Cynthia L. Stewart ("Ms. Stewart"), in the amount of $91,948.18 as a priority unsecured claim pursuant to 11 U.S.C. 507(a)(1)(A) based upon an award that Ms. Stewart received in the parties' divorce proceedings which she characterizes as a nondischargeable domestic support obligation. Debtor argues that the underlying...
ORDER MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . AND NOW, upon the Defendants' Motion to Dismiss Adversary Complaint or, in the Alternative, to Abstain (the "Motion to Dismiss") 1 in the above-captioned adversary proceeding. AND, the Court having considered the Complaint, the Motion to Dismiss and the briefs and arguments in support and in opposition of the Motion to Dismiss. AND, this Court having jurisdiction to consider the relief requested by the Motion to Dismiss in...
OPINION Magdeline D. Coleman , Chief U.S. Bankruptcy Judge . I. INTRODUCTION On April 8, 2016, this Court entered an Opinion and Order that, inter alia, granted the Defendants' 1 Motion to Dismiss Adversary Complaint or, in the Alternative, Abstain (the "Motion to Dismiss") 2 and dismissed Counts II, III, and IV of the Complaint, which are the Plaintiff's 3 claims against the Defendants under 544, 548, and 550 of the Bankruptcy Code 4 and the Pennsylvania Uniform...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, Plaintiff Geraldine Bernadin ("the Debtor"), a chapter 13 debtor, seeks the entire or partial disallowance of a proof of claim ("the POC") filed by Defendant U.S. Bank National Association ("U.S. Bank"). The Debtor also seeks affirmative relief under the Fair Debt Collections Practices Act ("the FDCPA"), 15 U.S.C. 1692 et seq. U.S. Bank holds the mortgage on the Debtor's residential...
MEMORANDUM OPINION JEAN K. FITZSIMON , Bankruptcy Judge . Introduction The Plaintiff has sued the Debtor to revoke the discharge granted him. The Debtor now moves for dismissal of the complaint under F.R.C.P. 12(b)(6). 1 For the reasons which follow, the Motion will be granted. 2 Ground for Dismissal The Defendant's motion offers two reasons why the Complaint should be dismissed. First, the request is precluded by this Court's denial of an earlier motion to revoke filed in the main...
MEMORANDUM MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . I. INTRODUCTION On March 11, 2019, John Sosalski and Rachel Sosalski (the "Sosalskis") and Northeast Builders LLC ("Northeast Builders," and together with the Sosalskis, the "Plaintiffs") filed the Complaint Objecting to Dischargeability of Debt (the "Complaint") 1 against James A. Melasecca, Jr. (the "Debtor Defendant"), seeking (i) a determination that the alleged debts owed by the Debtor Defendant to the Plaintiffs are...
MEMORANDUM OPINION SUR MOTIONS TO DISMISS JEAN K. FITZSIMON , Bankruptcy Judge . Introduction Before the Court are three Motions to Dismiss the above captioned adversary proceeding. They were filed by three subsets of Defendants. The Plaintiffs have filed a Response to one of the motions. For the reasons which follow, the Motions will be disposed of as follows: • The Motion of Assurant, Inc., Assurant Specialty Property, and American Security Insurance Company (Assurant) will be...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, Philadelphia Gas Works ("PGW"), a municipally owned gas utility in Philadelphia, seeks to have this Court determine that the $8,982.03 unsecured obligation owed to PGW by Debbie Esola ("Debtor"), on account of unbilled gas usage at her residence, is nondischargeable pursuant to 11 U.S.C. 523(a)(2), 523(a)(4), or 523(a)(6). Because the Court finds that the Debtor fraudulently intended...
AMENDED MEMORANDUM ERIC L. FRANK , Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, Plaintiff Geraldine Bernadin ("the Debtor"), a chapter 13 debtor, seeks the entire or partial disallowance of a proof of claim ("the POC" or "the Claim") filed by Defendant U.S. Bank National Association ("U.S. Bank"). The Debtor also seeks affirmative relief under the Fair Debt Collections Practices Act ("the FDCPA"), 15 U.S.C. 1692 et seq. U.S. Bank holds the mortgage on the Debtor's...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, the debtor, Arlene J. Hawkins ("Debtor"), seeks a determination that the second mortgage against her principal residence is wholly unsecured pursuant to 11 U.S.C. 506(a), because the first mortgage on her principal residence exceeds the property's value. As set forth below, the Court finds that the Debtor has established that the unpaid balance on the Debtor's first mortgage exceeds...
