ORDER MAGDELINE D. COLEMAN, Bankruptcy Judge. AND NOW, the Law Offices of Paul J. Winterhalter, P.C. (the "Applicant"), former counsel for Marc F. Stein and Jill S. Stein (collectively, the "Debtors"), caused to be filed with this Court a Second Interim and Final Application for Compensation and Reimbursement of Expenses for Counsel to the Debtors [Docket No. 115] (the "Final Application") in which the Applicant requests the allowance of compensation in the amount of $40,868.75 and the...
MEMORANDUM BRUCE FOX, Bankruptcy Judge. Before me is the complaint of Nunzio Carto, Jr. seeking to deny a chapter 7 discharge to the debtor/defendant, Annette Oakley, pursuant to 11 U.S.C. 727(a)(4), 2 and/or to hold the debtor/defendant's debt to him nondischargeable under 11 U.S.C. 523(a)(2) for fraud. 3 The debtor opposes all relief. Upon consideration of the evidence adduced at a one-day trial, at which Ms. Oakley, Mr. Carto, and Mr. Carto's son-in-law testified, along with...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before this Court for consideration is LEI SS Investor LP's (the "Movant" or "LEI SS") Motion for (i) Dismissal of Chapter 11 Case Pursuant to 11 U.S.C. 1112 or, (ii) alternatively, Relief from Automatic Stay Pursuant to 11 U.S.C. 362 (the "Motion"). LEI SS requests that the Court dismiss the Chapter 11 case of the Debtor, Dewey Commercial Investors, L.P. (the "Debtor" or "Dewey") pursuant to 11 U.S.C. 1112(b) for cause...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION In this adversary proceeding, Plaintiffs NWI Orthodontics, Inc. ("NWI") and its shareholders, Drs. Kenneth Hyde ("Hyde"), Michael Koufos ("Koufos"), and Charles Hurst ("Hurst"), seek a determination that their claims against Debtor Kennith L. Bell ("Bell or the Debtor") are nondischargeable under 11 U.S.C. 523(a). Bell was employed by NWI as its Practice Administrator and Executive Director from 1996 to 2006. After discovering various...
OPINION IN SUPPORT OF ORDER DATED JULY 25, 2013 STEPHEN RASLAVICH, Bankruptcy Judge. This Opinion is filed pursuant to Local Bankruptcy Rule 8001-1(b) for the purpose of amplifying the Court's oral bench ruling and Order of July 22, 2013. That Order granted the Debtor's Complaint for Turnover. 1 Background On July 3, 2013, the Debtors commenced this proceeding under Chapter 11 of the Bankruptcy Code. The Debtors are in the business of purchasing furniture wholesale. On July 12, 2013,...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION Plaintiff David Cutler Industries, Ltd. ("DCI"), the chapter 11 liquidating debtor herein, seeks to avoid $155,313.84 in pre-petition transfers it made to Defendants Bank of America and Marix Servicing, LLC. 1 DCI made the transfers were made on account of a loan owed by its then-president, Darryl Cutler and secured by a mortgage on his personal residence. In its Amended Complaint, DCI asserts that the transfers are avoidable pursuant to...
OPINION STEPHEN RASLAVICH, Bankruptcy Judge. Introduction Before the Court is the Debtor's Objection to the Proof of Claim of RBS Citizens, N.A. RBS opposes the Objection. A hearing on the matter was held on October 16, 2013. The parties submitted briefs and the Court took the matter under advisement. For the reasons which follow, the Objection will be sustained in part and denied in part. 1 Claim RBS's claim arises out of an FHA-insured loan. The loan is secured by a mortgage on the...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION Many personal bankruptcy cases that are filed involve creditors who hold claims against the debtor for spousal or child support or other types of obligations arising out of a marital or parental relationship. It is commonplace for such creditors either to: (a) take the position that the automatic stay does not apply to them and forge ahead in state court; or (b) seek a determination from the bankruptcy court that the automatic stay does...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. On April 20, 2012 (the "Petition Date"), Charles C. Dawson ("Mr. Dawson"), Kelli L. Dawson ("Mrs. Dawson," collectively with Mr. Dawson, the "Dawsons"), and the law firm of Cohen, Seglias, Pallas, Greenhall & Furman, PC ("Cohen Seglias," collectively with the Dawsons, the "Petitioning Creditors") filed an involuntary petition under chapter 11 of the Bankruptcy Code, 11 U.S.C. 101 et seq. (the "Involuntary Petition"), against Forever...
MEMORANDUM ERIC L. FRANK, Chief Judge. I. In this adversary proceeding, Plaintiff Kevin Bieros ("the Plaintiff") requests that the court deny the chapter 7 discharge of the debtor, Edward W. Pocius ("the Debtor") pursuant to 11 U.S.C. 727(a)(2), (3), (4), (6), (7). The Debtor has filed a Motion to Dismiss the Complaint under Fed. R.Civ.P. 12(b)(6) ("the Motion to Dismiss"). 1 For the reasons set forth below, the Motion will be granted and the Plaintiff's Complaint dismissed with...
OPINION STEPHEN RASLAVICH, Bankruptcy Judge. Introduction St. Joseph Regional Health Network, d/b/a St. Joseph Medical Center (St.Joe), Catholic Health Initiatives (CHI) and Bornemann Health Corporation d/b/a Bornemann Psychiatry Associates (Bornemann) seek to compel the production of certain documents. Plaintiff opposes the Motion. Briefs and supplemental replies were submitted. Oral argument was heard on September 18, 2013. The Court thereafter took the matter under advisement. For the...
MEMORANDUM BRUCE FOX, Bankruptcy Judge. Before me are motions filed by Mario Ferroni and Roberta A. Deangelis, Esq., the United States Trustee for Region 3, both seeking to dismiss this chapter 11 case pursuant to 11 U.S.C. 1112(b)(1). 1 Their motions are supported by Michael and Theresa Dolan. Although all four parties contend that this case should be dismissed, their contentions differ slightly, as will be discussed. The debtors oppose dismissal and request the opportunity to submit...
MEMORANDUM OPINION JEAN K. FITZSIMON, Bankruptcy Judge. Before the Court is the Debtors' Motion to Reopen Bankruptcy Cases and Reimpose the Automatic Stay in Connection with Foreclosure Action ("Motion"). The Debtors are Frazer/Exton Development, L.P. ("Frazer") and Whiteland Village, Ltd. ("Whiteland"). The Motion is vigorously opposed by Sovereign Bank, N.A. ("Sovereign") with whom the Debtors entered into a settlement agreement ("Settlement Agreement") during their bankruptcy cases....
MEMORANDUM BRUCE FOX, Bankruptcy Judge. The chapter 7 trustee, Gary F. Seitz, has filed a motion seeking court approval to sell the debtor's real and personal property free and clear of liens. In connection with this sale, the trustee seeks approval of an agreement with a secured creditor, Ciena Capital Funding LLC, which settles the trustee's potential claim under 11 U.S.C. 506(c) and includes authorization to pay from the sale proceeds all normal costs of sale, including real estate...
MEMORANDUM OPINION (1) OVERRULING IN PART AND SUSTAINING IN PART DEBTOR'S SUPPLEMENTAL OBJECTION TO ANSEL CLAIM AND (2) RESOLVING ANSEL'S MOTION TO DETERMINE DEBTOR'S OBJECTION TO CLAIM RICHARD E. FEHLING, Bankruptcy Judge. I. INTRODUCTION After a day of hearing testimony and receiving exhibits and upon the filing by the parties of numerous pages of briefs with attachments, I will now decide this dispute. This case is based on the firing of Roberta Ansel by Debtor in retaliation for her...
MEMORANDUM OPINION BRUCE FOX, Bankruptcy Judge. Two related matters are currently before me. First, the debtor/defendant has moved to dismiss as untimely filed the above-captioned adversary proceeding, which, inter alia, objects to the debtor's chapter 7 discharge. 1 Thereafter, the plaintiffs filed in the underlying bankruptcy case a motion under Federal Rule of Bankruptcy Procedure 4004(b)(2) to extend the time to file a complaint objecting to discharge. As the two motions are...
MEMORANDUM IN SUPPORT OF ORDER MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION This Memorandum is consistent with this Court's Order dated June 12, 2013 [Docket No. 652] (the "Order"), granting the conversion of Joseph Grasso's ("Debtor" or "Grasso") Chapter 11 case to Chapter 7 and is submitted pursuant to Local Rule 8001-1(b) to further expound upon the reasons for the Order. On March 22, 2013, Marshall Katz ("Katz") filed an Expedited Renewed Motion to Convert this Case to a...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the Debtor's Motion to Dismiss Count I of this adversary proceeding. The Plaintiff opposes the motion. A hearing on the matter was held on July 3, 2013 after which the Court took the matter under advisement. For the reasons which follow, the motion will be denied. Background The Plaintiff is the Debtor's ex-wife. She filed a three count complaint against the Debtor seeking equitable and declaratory relief. Count I...
MEMORANDUM DENYING MOTION FOR SUMMARY JUDGMENT AND DETERMINING CERTAIN FACTS AS ESTABLISHED PURSUANT TO FED. R. CIV. P. 56(g) MAGDELINE D. COLEMAN, Bankruptcy Judge. Before this Court is an adversary proceeding wherein the Sherwin Williams Company (the "Movant") seeks to have its claim against Joseph Grasso (the "Debtor") declared nondischargeable pursuant to 523(a)(2)(A), 523(a)(4) 1 or 523(a)(6). The Movant alleges that its claim consists of potential damages in an amount that may...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION In 2008, Debtor Danielle Rezykowski ("the Debtor") purchased a retail apparel store known as Circles, LLC ("Circles") from Robin Nakonetschny ("the Plaintiff"). The Debtor signed a promissory note for most of the purchase price. The note was secured by the assets of the business. In approximately late 2010 and early 2011, the Debtor conducted a "blow out" sale and closed the business. The Debtor opened a separate account for the proceeds...
