OPINION Ashely M. Chan , United States Bankruptcy Judge . INTRODUCTION John Lynch, the plaintiff in the above-captioned proceeding ("Plaintiff"), has filed a motion ("Motion") seeking to have this Court vacate its November 30, 2016 order ("Order") granting the defendants' motions to dismiss Plaintiff's adversary complaint with prejudice ("Dismissal Motions"). Pl.'s Mot. 5, Case No. 16-00301 ECF Doc. 59. The Plaintiff argues that the Court lacked jurisdiction to rule on the Dismissal...
RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, upon consideration of the Debtors' Objection to Proof of Claim Number 4 filed by Foundations Worldwide, Inc. in the amount of $1,491.16, and after hearing thereon; IT IS ORDERED that the Objection is SUSTAINED; IT IS FURTHER ORDERED that the Proof of Claim of Foundations Worldwide, Inc., Claim Number 4, shall be DISALLOWED and STRICKEN. However, the Trustee having already paid out $54.24 prior to the re—opening of this case, Debtors concede...
OPINION Ashely M. Chan , United States Bankruptcy . I. INTRODUCTION At the time that William C. Young ("Debtor") filed this bankruptcy proceeding, he was owed a tax refund from the City of Philadelphia which he properly listed on his schedules. However, his attorney failed to advise him that, upon receipt of the refund, the Debtor was required to turn over the refund proceeds to the Chapter 7 trustee. His attorney also failed to thoroughly review the schedules with the Debtor and, as a...
OPINION ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Presently before the court is the objection ("the Objection") of Debtor Carolyn Whitfield ("the Debtor") to the proof of claim filed by Wilmington Savings Fund Society ("WSFS") for prepetition arrears on a mortgage loan secured by her residence. WSFS's prepetition arrears claim is for $29,972.28. The Debtor objects to the claim, primarily on the ground that $3,217.17 for certain escrow advances and $5,762.47 for pre-...
MEMORANDUM ERIC L. FRANK , Chief Bankruptcy Judge . I. INTRODUCTION In these adversary proceedings, Plaintiff Susan Boltz-Rubinstein ("the Debtor") seeks damages from the Defendants based upon their purported fraud, TILA and RESPA violations, and violations of certain sections of the Bankruptcy Code, including the automatic stay provision, 11 U.S.C. 362(a). She also seeks the invalidation of the mortgage liens on her home. All of the Defendants are alleged to be either the holder or the...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW , upon consideration of Bank of America's Motion to Dismiss Adversary Proceeding 16-265 ("the Bank of America Motion") and United Guaranty's Motion to Dismiss Adversary 16-362 ("the United Guaranty Motion"), and for the reasons set forth in the accompanying Memorandum: It is hereby ORDERED that: 1. In Adv. No. 16-265, the Bank of America Motion is GRANTED IN PART and DENIED IN PART : a. The Bank of America Motion is DENIED as to...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In these adversary proceedings, Plaintiff Susan Boltz-Rubinstein ("the Debtor") seeks damages from the Defendants based upon their purported fraud, TILA and RESPA violations, and violations of certain sections of the Bankruptcy Code, including the automatic stay provision, 11 U.S.C. 362(a). She also seeks the invalidation of the mortgage liens on her home. All of the Defendants are alleged to be either the holder...
MEMORANDUM OPINION RICHARD E. FEHLING , United States Bankruptcy Judge . I. INTRODUCTION Plaintiffs, Wynn Las Vegas, LLC ("Wynn Las Vegas"), GNLV Corp. d/b/a Golden Nugget Las Vegas ("Golden Nugget Las Vegas"), and Golden Nugget Atlantic City, LLC d/b/a Golden Nugget Atlantic City ("Golden Nugget Atlantic City"), filed an adversary complaint to determine that certain gambling debts owed to them by Defendant, Rakesh D. Anandani ("Defendant"), should be nondischargeable under 11 U.S.C....
OPINION STEPHEN RASLAVICH , Bankruptcy Judge . Introduction Before the Court are cross motions for summary judgment. A hearing on the motions was held March 22, 2017. For the reasons which follow both motions will be denied. 1 The Complaint The Trustee seeks damages from defendants Fretz and Freeman for alleged violation of fiduciary duties owed to investors in the Debtor limited partnership. Comparison of the Respective Pleadings The pleadings are to an extent mirror images....
MEMORANDUM OPINION RICHARD E. FEHLING , United States Bankruptcy Judge . I. INTRODUCTION Before me for disposition are the motions filed by Defendants, U.S. Bank, N.A. ("U.S. Bank"), Lyon Financial Services, Inc., d/b/a U.S. Bank Portfolio Services ("Lyon"), 1 DVI Receivables XIV, LLC, DVI Receivables XVI, LLC, DVI Receivables XVII, LLC, DVI Receivables XVIII, LLC, DVI Receivables XIX, LLC (together, "DVI Defendants"), DVI Funding, LLC ("DVI Funding"), Ashland Funding, LLC ("Ashland")...
ORDER RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, this 30 day of June, 2017, upon my consideration of Defendants' Motions To Dismiss the amended complaints in the above adversary proceedings, and for the reasons explained in more detail in the accompanying Memorandum Opinion of even date herewith, IT IS HEREBY ORDERED that Defendants' Motions To Dismiss the amended complaints are DENIED. IT IS FURTHER ORDERED that Defendants shall file answers to the amended complaints on or before...
ORDER DENYING CONFIRMATION DAVID R. DUNCAN , Chief Bankruptcy Judge . This matter is before the Court for confirmation of Gup's Hill Plantation, LLC's ("Debtor") chapter 11 plan and on a motion to value Apex Bank's claim secured by property known as the Edgefield Inn. Debtor filed an amended plan and disclosure statement on August 11, 2016 [Docket Nos. 222 and 223]. After further amendments to the disclosure statement, the disclosure statement was approved on February 1, 2017, and the...
MEMORANDUM MAGDELINE D. COLEMAN , Bankruptcy Judge . INTRODUCTION This Court held a hearing on February 23, 2016 (the "Hearing"), to address the Motion for a Third Award of Attorneys' Fees and Costs dated January 18, 2016 [Docket No. 146] (the "Motion"), filed by Forever Green Athletic Fields, Inc. ("Forever Green"). In the Motion, Forever Green requests this Court assess Charles C. Dawson ("Mr. Dawson"), Kelli L. Dawson ("Mrs. Dawson," collectively with Mr. Dawson, the "Dawsons") and...
ORDER MAGDELINE D. COLEMAN , Bankruptcy Judge . AND NOW, upon consideration of the Motion for Third Award of Attorneys' Fees and Costs filed by Forever Green Athletic Fields, Inc. ("Forever Green"), the objection filed by Cohen Seglias Pallas Greenhall & Furman, P.C., the parties' briefs addressing the issue, and the arguments heard by this Court, it is hereby ORDERED that: 1. For the reasons stated in the Court's Memorandum, the Court will exercise its discretion and grant judgment...
MEMORANDUM OPINION MAGDELINE D. COLEMAN , Bankruptcy Judge . On April 28, 2015, this Court held a hearing (the "Hearing") to address the Motion for Orders of Determination of Outstanding Motions dated February 26, 2015 [Docket No. 398] (the "Motion"), filed by Gary F. Seitz, Chapter 7 Trustee for the Estate of Stone Resources, Inc. (the "Chapter 7 Trustee"). The Motion sought adjudication of three motions that were originally addressed by this Court at a hearing held on May 23, 2012 (the "...
MEMORANDUM MAGDELINE D. COLEMAN , Bankruptcy Judge . Before the Court for consideration is the motion of the City of Philadelphia (the "City") seeking dismissal of Grace A. Gibson's (the "Debtor") Chapter 13 case as prohibited by the provisions of 11 U.S.C. 109(e) and as a bad faith filing. 1 The City contends that the Debtor's Chapter 13 case should be dismissed because her unsecured and noncontingent debts in the alleged amount of $887,944.39 exceed the statutory thresholds set forth...
OPINION STEPHEN RASLAVICH , Bankruptcy Judge . Introduction Before the Court is Defendants' Motion for Reconsideration of this Court's March 2, 2017 Opinion and Order denying their Motion for Judgment on the Pleadings. The Trustee opposes the motion. For the reasons which follow, the Motion will be denied. 1 Legal Standard "A motion for reconsideration is governed by Federal Rule of Civil Procedure ("Fed.R.Civ.P.") 59(e) made applicable in bankruptcy cases pursuant to Federal Rule of...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW, upon consideration of the Debtor's Objection ("the Objection") to Proof of Claim No. 5 (Doc. # 44), which was filed by U.S. Bank, N.A., as Trustee for Pennsylvania House Finance Agency ("the Claimant"); AND , after a hearing held on February 28, 2017 , at which the Debtor appeared and the Claimant did not appear; AND , upon consideration of the Debtor's Memorandum of Law filed in support of the Objection, filed after the hearing, (Doc....
OPINION RICHARD E. FEHLING , United States Bankruptcy Judge . I. INTRODUCTION These adversary complaints constitute an attempt by the Chapter 7 Trustee in the underlying main bankruptcy case (the "Trustee"), to recover funds from Pennsylvania State University ("Penn State") pursuant to a relatively new legal theory. The United States Department of Education (the "Department") paid the proceeds of Parent Plus loans directly to Penn State. The Trustee incorrectly claims such payments were...
ORDER RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, this 7 day of April, 2017, upon my consideration of Defendant's Motions To Dismiss the complaints in these adversary proceedings, and for the reasons stated in the Opinion entered today, IT IS HEREBY ORDERED that Dafendant's Motions To Dismiss the complaints in both Adversary Proceedings are GRANTED AND BOTH COMPLAINTS IN THESE ADVERSARY PROCEEDINGS ARE HEREBY DISMISSED.
