MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION Shirlene R. Wells ("the Debtor") is the owner of her residence, the real property located at 180 Walton Drive, Morrisville, PA ("the Property"). The Debtor commenced the above chapter 13 bankruptcy case on September 8, 2010. On February 16, 2011, PE-NC, LLC ("PE-NC") filed a secured proof of claim ("the PE-NC Proof of Claim"), asserting that it is the holder of a note secured by a mortgage on the Property with an unpaid balance of $...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION Plaintiff Marvin Krasny ("the Trustee") is the Chapter 7 Trustee in the bankruptcy case of Erik Charles Batipps and Sarah Helen Batipps ("the Debtors"). On June 5, 2011, the Trustee commenced this adversary proceeding by filing a complaint ("the Complaint") against Deutsche Bank National Trust Company as Indenture Trustee, on Behalf of the Holders of the Accredited Mortgage Loan Trust 2005-4 Asset Backed Notes, by and through its...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the Defendants' Motion for Partial Summary Judgment. The Motion is opposed by the Plaintiffs. A hearing on the motion was held on October 29, 2011. After the hearing, the Court took the matter under advisement. Summary of Holding The Defendants' motion for partial summary judgment will be denied in part and granted in part: Count I—RICO (Plaintiffs against Pratpal Bagga) • Basis for Request: Mr. Bagga...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. In this adversary proceeding, the Debtor and his spouse, Lynne Lowenstein (collectively, "the Plaintiffs"), seek to enforce their purported pre-petition rescission of a residential mortgage transaction ("the Transaction") pursuant to the Truth-in-Lending Act, 15 U.S.C. 1601-1667f ("TILA"). The thrust of the Plaintiffs' claim is that the disclosure statement provided to the Plaintiffs by the original lender, Countrywide Home Loans, Inc. ("...
ORDER ERIC L. FRANK, Bankruptcy Judge. AND NOW, the debtor, Michael Ginaldi ("the Debtor") having filed an Application for an Order Approving the Retention of Addison Wolfe Real Estate as Real Estate Broker ("the Application") on August 12, 2011 (Doc. #20); AND, TD Bank having filed an objection to the Application asserting that Addison Wolfe Real Estate ("Addison Wolfe") is a creditor of the bankruptcy estate, is not a disinterested person and therefore, is ineligible for retention under...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. In this adversary proceeding, Charles Goldstein, the trustee ("the Trustee") in the above chapter 7 bankruptcy case, seeks to set aside pre-petition and post-petition transfers allegedly made by the Debtor to Defendant Eby-Brown, Inc. ("the Defendant"). Presently before the court is the Defendant's Motion to Dismiss the Complaint ("the Motion"). The Defendant asserts that the complaint ("the Complaint") fails to state a claim upon which relief...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION On July 21, 2011, Plaintiff Charles R. Goldstein ("the Trustee"), the chapter 7 trustee in the bankruptcy case of Universal Marketing, Inc. ("the Debtor") 1 filed a Complaint against Defendant BRT, Inc. ("BRT" or "Defendant"), seeking to avoid certain pre-petition transfers allegedly made by the Debtors to BRT. 2 In the Complaint, the Trustee asserts that certain transfers of property: • made within ninety (90) days prior to...
OPINION ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION In this adversary proceeding, Plaintiff Janice Roundtree-Crawley ("the Debtor"), acting pro se, seeks a discharge of her student loan obligations under 11 U.S.C. 523(a)(8). Section 523(a)(8) provides that student loans are not dischargeable "unless excepting such debt from discharge... would impose an undue hardship on the debtor and the debtor's dependents." 11 U.S.C. 523(a)(8). It is settled law in this Circuit that a debtor...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION Roger Lowenstein ("the Debtor") commenced this chapter 13 bankruptcy case on June 14, 2010. In this adversary proceeding, filed on October 26, 2010, the Debtor and his spouse, Lynne Lowenstein (collectively, "the Plaintiffs"), seek to enforce their purported pre-petition rescission of a residential mortgage transaction pursuant to the Truth-in-Lending Act, 15 U.S.C. 1601-1667f ("TILA"). The Defendants are U.S. Bank, N.A., as...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before this Court for consideration are debtor James C. Fairfield's (the "Debtor") objections to two proofs of claim filed by American Express Bank, FSB ("American Express") for unpaid credit cards debts incurred in connection with the Debtor's use of corporate credit cards maintained by his medical practice. The Debtor objects to the Claims on the ground that he has no direct contract liability for the unpaid debts....
AMENDED MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION This case presents both legal and factual issues regarding the valuation of an automobile pursuant to 11 U.S.C. 506(a)(1) and (2) in a chapter 13 case. Debtor Richard B. Henry ("Mr. Henry") and Jenna L. Henry (collectively, "the Debtors") commenced this chapter 13 bankruptcy case on August 2, 2010. On September 8, 2010, World Omni Financial Corp. ("World Omni") filed a proof of claim asserting a secured claim in the...
OPINION ERIC L. FRANK, Bankruptcy Judge. TABLE OF CONTENTS I. INTRODUCTION ............................................................. 403 II. PROCEDURAL HISTORY ....................................................... 405 III. FINDINGS OF FACT .......................................................... 406 A. Dr. Glunk's Medical Background and Private Plastic Surgery Practice .... 407 B. Dr. Glunk's Office Procedures For Surgical Consent Forms ............... 408 C. Dr. Glunk Meets Amy...
OPINION JEAN K. FITZSIMON, Bankruptcy Judge. In this adversary proceeding, the Chapter 7 Trustee, Arthur Liebersohn, seeks a judgment, pursuant to 11 U.S.C. 548(a)(1)(A) & (B), 1 against the defendant, Thomas J. Vetri ("Defendant"), in the amount of $52,010.19. 2 This amount is based on the sum of: (i) $28,422.79 representing the amount of the escrow deposit which the debtors, Frank P. D'Ambrosio ("Frank") and Diane D. D'Ambrosio (collectively, the "Debtors"), were supposed to have...
MEMORANDUM OPINION MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION This Memorandum Opinion is consistent with the Court's June 7, 2011 order (the "Order") issuing a preliminary injunction staying all enforcement proceedings against the principals of the Debtor, Joseph Grasso and Garret Miller and is submitted pursuant to Local Rule 8001-1(b) 1 to further expound upon the reasons for the Order. The discussion below also constitutes the Court's findings of facts and conclusions of law...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before this Court for consideration is a Motion to Dismiss First Amended Complaint (the "Motion") filed by Greg Engelsbe ("Defendant" or "Engelsbe"). Engelsbe, along with Anthony J. DeMarco, III (the "Debtor"), is one of several co-defendants named in an amended complaint (the "Amended Complaint") filed by Douglas and Sandra Barnhart (the "Plaintiffs"). In the Amended Complaint, the Plaintiffs object to the Debtor's discharge...
MEMORANDUM OPINION JEAN K. FITZSIMON, Bankruptcy Judge. The Law Offices of Paul J. Winterhalter, P.C. ("Winterhalter" or the "Firm") seeks payment on its First and Second Interim Applications for Compensation and Reimbursement of Expenses (collectively, the "Applications"). 1 The Applications are contested by the United States Trustee and the Chapter 11 Trustee. As discussed in detail below, Winterhalter, who represented the Debtor from the inception of this Chapter 11 case on January 20,...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. INTRODUCTION The Debtor commenced this bankruptcy case by filing a petition under chapter 13 of the Bankruptcy Code on July 2, 2010. On October 4, 2010, Everhome Mortgage Company ("Everhome"), as Servicer for Everbank ("Everbank"), filed a motion for relief from the automatic stay ("the Motion") (Doc. # 25), seeking permission to resume foreclosure proceedings against the Debtor's residence, 1618 E. Washington Lane, Philadelphia, PA 19138 ("the...
OPINION BRUCE FOX, Bankruptcy Judge. In the above-captioned adversary proceeding, the plaintiff, Adamar of New Jersey, Inc. t/a Tropicana Casino and Resort ("Adamar"), seeks to have declared non-dischargeable, under 11 U.S.C. 523(a)(2) and/or (a)(6), an unpaid $65,000 extension of credit to the debtor, Ms. Linda August. The debtor opposes such relief and has asserted a counterclaim under 11 U.S.C. 523(d). Evidence was offered over a multi-day period 1 and the parties have submitted...
MEMORANDUM OPINION MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before the Court for consideration is the Motion for Partial Summary Judgment (the "Motion") of Chapter 7 Trustee, Christine C. Shubert (the "Trustee") for the Estate of Frey Mechanical Group, Inc. (the "Debtor") requesting judgment against Stanley Mull ("Mr. Mull") and Joan W. Mull ("Mrs. Mull") (collectively, the "Defendants") pursuant to 11 U.S.C. 547(b) and 550 in the amount of $740,000 (the "Transfers"). The...
MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. Before the commencement of this bankruptcy case, a group of creditors, Marybeth DeHanes, Jason DeHanes, Richard Fitzpatrick, and Barbara Fitzpatrick ("the Respondents"), filed a lawsuit against Carol Gronczewski ("the Debtor") and various other defendants in state court in New Jersey. In the lawsuit, the Respondents sought money damages from the defendants. After the Debtor commenced this bankruptcy case on September 15, 2009, the Respondents...
