ORDER JEAN K. FITZSIMON, Bankruptcy Judge. This 30th day of June, 2010, upon consideration of the Debtor's Memorandum of Law Supporting the Admissibility of Exhibit D-1, Wachovia Bank, N.A.'s 2008 Appraisal (the "Memorandum") and Wells Fargo Bank, N.A.'s ("Wells Fargo" or the "Lender") 1 Memorandum of Law Opposing the Admission of Debtor's Exhibit D-1 (the "Opposition"); AND the Debtor having filed for Chapter 11 bankruptcy protection on March 9, 2010 (docket entry no. 1); AND Wells...
STATEMENT SUPPORTING ORDER DATED DECEMBER 28, 2010, GRANTING THE STAY VIOLATION MOTION, DECLARING THE POSTNUPTIAL AGREEMENT VOID, AND GRANTING IN PART AND DENYING IN PART THE STAY RELIEF MOTION RICHARD E. FEHLING, Bankruptcy Judge. I. INTRODUCTION On or about March 18, 2010, slightly less than one year after confirmation of his Chapter 13 Plan, Debtor entered into a postnuptial 1 agreement with his spouse. Through the agreement, Debtor provided certain distributions of cash and property...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the Motion of the Defendants for Partial Judgment on the Pleadings. Specifically, the relief requested breaks down into three groups: first, that the substantive RICO claim against Mr. Bagga be dismissed; second, that as a result of dismissal of the RICO claim against Mr. Bagga, all RICO conspiracy claims (must necessarily) be dismissed; and third, that the state law claim in counts V through VIII and X must be...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction. Before the Court is the motion ("Motion") of Albert Kauffman (the "Movant") who is a principal of Keystone Surplus Metals, Inc. ("Keystone"), requesting the allowance of a Chapter 11 administrative claim in the amount of $215,969.26. Kauffman contends that he made post-petition loans to Keystone in the ordinary course of its business and that he should be granted an administrative claim for this amount. The United States Trustee objects...
MEMORANDUM OPINION MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before this Court for consideration is the Plaintiff, South Philadelphia Donuts, Inc.'s ("SPD") Motion for Summary Judgment on its objection to the Debtor, Charles S. Nenner's ("Nenner") discharge pursuant to 11 U.S.C. 523(a)(4) for defalcation. SPD and Nenner do not dispute the underlying facts and differ only on the legal standard the Court should apply for determining defalcation. SPD contends that defalcation may...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the Administrative Claim Request of Bruce Toll Pursuant to 11 U.S.C. 503(a) and (b) (the "Claim"). Toll seeks the allowance of an administrative claim in the amount of $65,947.34 for attorneys' fees and costs. The Acting United States Trustee (the "Trustee") and the Official Committee of Unsecured Creditors (the "Committee") filed objections ("Objections") to the Claim. The steering group of prepetition secured...
MEMORANDUM BRUCE FOX, Bankruptcy Judge. Presently before me is the motion filed by plaintiff Monarch Capital Corp. for partial summary judgment against the debtor/defendant Thomas A. Bath. Monarch filed a three count complaint against the debtor. In Count I, Monarch asserts that it holds a nondischargeable debt against the debtor pursuant to 11 U.S.C. 523(a)(2). In Count II, it seeks a determination of nondischargeability under 11 U.S.C. 523(a)(6). And in Count III, Monarch objects to...
MEMORANDUM BRUCE FOX, Bankruptcy Judge. Presently before me is a motion filed by Ms. Alice Overlander to reopen the debtor's closed bankruptcy case under 11 U.S.C. 350(b) and Fed. R. Bankr.P. 5010. Ms. Overlander seeks to reopen this bankruptcy case in order to file an adversary proceeding to seek a declaration of nondischargeability of the movant's debt under 11 U.S.C. 524(a)(2), (4) and to seek revocation of his chapter 7 discharge under 11 U.S.C. 727(d). 1 Essentially, Ms....
MEMORANDUM OPINION JEAN K. FITZSIMON, Bankruptcy Judge. Before the Court is the Motion of Defendant and Debtor, Michael Geiger, to dismiss the above-captioned adversary proceeding pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The three-count Complaint (the "Complaint") seeks denial of discharge pursuant to 11 U.S.C. 523(a)(2), (a)(4), and (a)(6) of the Bankruptcy Code. The Complaint attaches and incorporates both a Motion of the Plaintiffs 1 for an order appointing...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. In this adversary proceeding, the Philadelphia Parking Authority ("the PPA") seeks a declaratory judgment determining, inter alia, that, pursuant to the terms of an escrow agreement, it is entitled to the release from escrow of a deed in lieu of foreclosure ("the Deed"). The Deed was executed by the debtor, Northwest 15th Street Associates ("the Debtor") and conveys ownership of the surface and air rights of a property located at the northwest...
Opinion STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court are the following: (1) Application for Compensation and Reimbursement of Expenses (the "Application"); and (ii) Supplemental Application for Compensation and Reimbursement of Expenses for Services Performed After Confirmation of Chapter 13 Plan (the "Supplemental Application"). In the Application, Debtor's counsel, Michael Bresnahan ("Counsel"), seeks an additional fee of $5,040.00 beyond the fee which he agreed to accept,...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION Northwest 15th Street Associates ("the Debtor") is the owner of the surface and air rights to a parcel of real property located on the northwest corner of 15th and Arch Streets in Philadelphia, Pennsylvania ("the Property"). In April 2009, Debtor entered into a written contract with EwingCole, Inc. ("Ewing"), pursuant to which Ewing provided architectural services to the Debtor. The services included the preparation of certain...
MEMORANDUM OPINION RICHARD E. FEHLING, Bankruptcy Judge. I. INTRODUCTION The petitioning creditors in this case initiated this involuntary bankruptcy on May 29, 2009. The petitioning creditors are former unionized employees who claim that putative debtor violated the WARN Act 1 by closing the company and terminating their employment without proper notice. The petitioning creditors' claims are derived from damages allegedly caused by putative debtor's violation of the WARN Act. Because the...
MEMORANDUM OPINION SUPPORTING APRIL 21, 2010 ORDER CONFIRMING AMENDED PLAN OF REORGANIZATION/LIQUIDATION AND APPROVING THE SALE OF CERTAIN ASSETS OF THE DEBTOR FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES JEAN K. FITZSIMON, Bankruptcy Judge. Following a confirmation hearing (the "Confirmation Hearing") held on April 13 and 21, 2010, this Court confirmed the Amended Plan of Reorganization/Liquidation which the Debtor, Unbreakable Nation Co., filed on March 9, 2010. At the conclusion of...
MEMORANDUM OPINION JEAN K. FITZSIMON, Bankruptcy Judge. Before the Court is a motion for summary judgment (the "Motion") by plaintiff/debtor, Jennie Marie Moore ("Debtor"). Debtor contends that she should be granted summary judgment in this adversary proceeding because the proof of claim filed by defendant, PHH Mortgage Corporation ("PHH"), is precluded, pursuant to the doctrine of res judicata, by a state court order (the "Order"), dated April 12, 2005, which quieted title to the property...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the motion ("Motion") of Plaintiff, B.V.F. Construction Co. ("Plaintiff"), for leave to amend its Second Amended Complaint to join Amalgamated Bank, as Trustee of Longview Ultra I Construction Loan investment Fund, and Amalgamated Bank (collectively referred to as "Amalgamated Bank") as additional defendants in this adversary proceeding. 1 Plaintiff was a carpenter subcontractor on three separate construction projects...
ORDER JEAN K. FITZSIMON, Bankruptcy Judge. This 10th day of May, 2010, upon consideration of the United States Trustee's Motion to Disqualify Debtor's Counsel and for Disgorgement of Fees (the "Motion"); AND a hearing on the Motion having been held on March 10, 2010 (the "March Hearing"); AND the Debtor having filed for relief under Chapter 11 of the Bankruptcy Code on January 20, 2009; AND the Law Offices of Paul J. Winterhalter, P.C. ("Winterhalter") having filed on January 20, 2009...
OPINION ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION Presently before the court is the Debtors' Objection to the Proof of Claim filed by PRA Receivables Management, LLC ("PRA"). In its Proof of Claim, PRA asserts that it holds a claim of $13,024.46 as an assignee of a credit card account. The Debtors contest the allowance of the claim based upon the lack of documentation attached to the Proof of Claim. In particular, the Debtors assert that the claim should be disallowed because PRA did...
