OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION Thomas Olick ("the Debtor") filed a chapter 13 bankruptcy case on February 9, 2007. His chapter 13 plan was confirmed and he performed his obligations under the plan. He received a chapter 13 discharge on March 6, 2012. The Debtor's bankruptcy case remains open in 2014, more than seven (7) years after it was filed and more than two and one-half (2 ) years after the entry of his chapter 13 discharge, because the Debtor has filed at least...
OPINION STEPHEN RASLAVICH , Bankruptcy Judge . Introduction Before the Court are Plaintiff's and Defendant's Cross Motions for Summary Judgment in a non-dischargeability action. Argument with respect to the Motions was heard May 14, 2014. For the reasons which follow each Motion will be granted in part and denied in part. As detailed herein, the Plaintiff's request for a determination of non-dischargeability as to a certain $1.05 million judgment entered in his favor on December 2, 2011...
OPINION ERIC L. FRANK, Chief Judge. TABLE OF CONTENTS I. INTRODUCTION II. PROCEDURAL HISTORY III. GENERAL FACTUAL BACKGROUND IV. LEGAL STANDARDS: FRAUDULENT TRANSFER A. Overview B. Badges of Intentional Fraud C. Constructive Fraud D. Statute of Limitations V. LEGAL STANDARDS: SUMMARY JUDGMENT A. Well-Established General Principles B. The Movant's Burden to Establish that a Non-Movant Who Has the Burden of Proof Lacks Evidence to Support an Essential Element of the...
MEMORANDUM ERIC L. FRANK , Chief Judge . I. INTRODUCTION The Baptist Home of Philadelphia ("the Debtor"), a nonprofit corporation, filed this chapter 11 bankruptcy case on April 25, 2014. At the time, the Debtor operated a senior care facility with 206 licensed skilled nursing beds and 126 independent living and personal care units in the northeast section of the City of Philadelphia. In its bankruptcy schedules, the Debtor disclosed two (2) secured debts — approximately $24 million...
OPINION ERIC L. FRANK , Chief Judge . I. INTRODUCTION In this individual chapter 11 bankruptcy case an unsecured creditor, has filed a "Motion for an Order Directing the Appointment of a Chapter 11 Trustee or Examiner or the Conversion of the Case" ("the Motion"). The debtor contests the Motion. During the course of the litigation of this contested matter, all parties agreed that neither the appointment of a trustee nor dismissal of the case is appropriate. Thus, the issue is whether the...
OPINION STEPHEN RASLAVICH , Bankruptcy Judge . Introduction The Debtor has objected to the Proof of Claim of Federal National Mortgage Association (Fannie Mae). The Objection is opposed. A hearing on the matter was held on September 17, 2014. After the conclusion of the hearing and the submission of post-trial briefs, the Court took the matter under advisement. For the reasons which follow, the Objection will be denied. 1 Proof of Claim And Objection Fannie Mae's Proof of Claim is...
OPINION ERIC L. FRANK, Chief Bankruptcy Judge. I. INTRODUCTION The dispute giving rise to this adversary proceeding stems from the sale of the assets of a start-up business, Saxby's Coffee, Inc. ("SCI"), to owners who subsequently operated the enterprise through a new entity, Saxby's Coffee Worldwide, LLC ("SCW"). The ill-fated transaction gave rise to much litigation 1 and several bankruptcy filings. 2 The debtor in the above-captioned bankruptcy case, Nicholas Bayer ("N. Bayer"), was...
MEMORANDUM ERIC L. FRANK, Chief Judge. I. INTRODUCTION Debtor, Mario L. Blanco ("the Debtor"), commenced this chapter 13 bankruptcy case on March 4, 2014. By order entered on September 2, 2014, I dismissed the case motion of the Chapter 13 Trustee ("the Trustee"). The Debtor filed a "Motion to Vacate Dismissal" on September 10, 2014. On October 8, 2014, after a hearing, I denied the Debtor's motion. On October 17, 2014, the Debtor filed a Notice of Appeal to the district court. I issued...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. Before this Court is the Application for Administrative Expenses dated April 2, 2013 (the "Application"), filed by Madison Capital Company, LLC ("Madison"). In response, Christine C. Shubert (the "Trustee"), the then Chapter 11 Trustee and now present Chapter 7 Trustee of the estate of Joseph Grasso (the "Debtor"), filed an Objection dated April 17, 2013 (the "Trustee's Objection"). In addition, the Law Offices of Paul J. Winterhalter, P.C.,...
MEMORANDUM MAGDELINE D. COLEMAN , Bankruptcy Judge . INTRODUCTION Before the Court for consideration is the Motion to Dismiss dated January 27, 2014 (the "Motion"), filed by Thomas Skinner (the "Debtor") and his wife Anna Skinner ("Mrs. Skinner," collectively with the Debtor, the "Defendants") seeking dismissal of the Amended Adversary Complaint (the "Amended Complaint") filed by the Debtor's brother, William Skinner (the "Plaintiff"), pursuant to (i) Fed. R. Civ. P. 12(b)(6) for failure...
OPINION STEPHEN RASLAVICH, Bankruptcy Judge. Introduction Before the Court are the Requests of Sunrise Furniture Co. Ltd. (Sunrise) and Weisheng Zhangzhou Industrial (Weisheng) for Payment of Administrative Expenses. Both the Debtor and the Official Committee for the Unsecured Creditors oppose the Requests. For the reasons set forth below, the request of Sunrise will be denied in its entirety. The request of Weisheng for the same relief will be granted in part and denied in part. 1...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION In this adversary proceeding, the chapter 7 trustee, Gary Seitz ("the Trustee"), seeks to avoid a pre-petition lien held by Defendant Republic First Bank ("the Bank") in three (3) investment accounts of the debtor, GEM Refrigerator Co. ("the Debtor"). The accounts are held at Charles Schwab & Co., Inc. t/a Charles Schwab Institutional ("Schwab"), and have a combined value of approximately $1 million. The Trustee asserts that the Bank's...
OPINION STEPHEN RASLAVICH, Bankruptcy Judge. Introduction Before the Court are two Motions wherein the Movants seek dismissal of those counts in the above adversary proceeding which are directed at them. One dismissal motion has been filed by 10 of the 15 defendants who refer to themselves collectively as the "Capital Family Defendants." The other is brought by the remaining 5 defendants, who refer to themselves collectively as the "Segal Defendants." 1 The Plaintiff is the Chapter 7...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION For sixteen (16) months prior to its May 17, 2010 bankruptcy filing, DMW Marine, LLC ("the Debtor") operated under the auspices of a federal receiver, Michael Antonoplos ("the Receiver"). The Receiver was appointed by the U.S. District Court for the Eastern District of Pennsylvania ("the District Court"), in connection with the action, Klein v. Weidner, No. 08-cv3798. Almost two (2) years after the bankruptcy filing, on May 16, 2013,...
OPINION ERIC L. FRANK, Chief Judge. I. INTRODUCTION In this adversary proceeding, the liquidating agent appointed pursuant to debtor's confirmed chapter 11 plan seeks to recover monies that the debtor advanced to the defendant roughly twenty (20) years before the commencement of this bankruptcy case. As one might expect, the central issue in the litigation is the applicability of the affirmative defense of the statute of limitations. As explained more fully below, I conclude that the...
MEMORANDUM ERIC L. FRANK, Chief Judge. I. In this adversary proceeding, the Plaintiffs Instrumentation and Controls, Inc. and ICI Green, LLC ("the Plaintiffs") seek to recover pre-petition payments totaling $31,950.00 as preferences pursuant to 11 U.S.C. 547, 550. 1 Defendant Northeast Union, Inc. ("the Defendant") asserts the defense that the Plaintiffs' payments constituted a contemporaneous exchange for new value. See 11 U.S.C. 547(c)(1). The Defendant raises a species of this...
MEMORANDUM ERIC L. FRANK, Chief Judge. I. Presently before the court is the chapter 7 trustee's objection to the debtors' claim of exemptions. The issue presented is whether the husband-debtor has a present property interest, and may claim an exemption pursuant to 11 U.S.C. 522(b), in the separately owned property of the wife-debtor. The debtors contend that the husband-debtor has such an exemptible property interest by virtue of 2105 of the Pennsylvania Probate, Estates and...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION On October 31, 2013, this Court held a hearing (the "Hearing") to address the Motion for Relief from the Automatic Stay dated October 7, 2013 (the "Motion"), filed by 2013 N. 16th St., LLC (the "Movant"). The Motion seeks relief from the automatic stay to permit it to pursue its state court remedies with regard to real property located at 7128 Mount Airy Place, Philadelphia, Pennsylvania (the "Property"). At the Hearing, both...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Before this Court for adjudication is the Motion to Dismiss Second Amended Adversary Complaint and for Abstention dated June 3, 2013 (the "Motion"), filed by J.P. Morgan Chase Bank, N.A. ("Defendant" or "J.P. Morgan") that requests this Court to dismiss the Second Amended Complaint dated May 17, 2013 (the "Amended Complaint"), filed by the Debtors, James A. D'Angelo, Sr. and Carolyn M. D'Angelo (the "Plaintiffs" or "D'Angelos")...
MEMORANDUM MAGDELINE D. COLEMAN, Bankruptcy Judge. INTRODUCTION Now pending before this Court is the Second Interim and Final Application for Compensation and Reimbursement of Expenses of the Law Offices of Paul J. Winterhalter, P.C. dated December 28, 2012 (the "Final Application"), wherein the Law Offices of Paul J. Winterhalter, P.C. (the "Firm"), counsel for Joseph Grasso (the "Debtor"), requested (i) compensation in the amount of $69,468.75 for actual and necessary services rendered,...
