MEMORANDUM OPINION RICHARD E. FEHLING , United States Bankruptcy Judge . I. INTRODUCTION Debtor/Defendant, Richard Gilbert Dietrich ("Dietrich") needed brain surgery. The medical facility that he chose for his procedure was Plaintiff, Lehigh Valley Hospital (the "Hospital"). His health insurance carrier, however, identified the Hospital as non-participating. This meant that his health insurance carrier would not pay the Hospital directly; it would pay Dietrich the amount of the...
ORDER RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, this 13 day of December, 2018, for the reasons stated in the accompanying Memorandum Opinion entered in this adversary proceeding of even date herewith, IT IS HEREBY ORDERED that JUDGMENT ON THE COMPLAINT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT. IT IS FURTHER ORDERED that I HEREBY FIND AND CONCLUDE that the debt owed by Defendant to Plaintiff in the amount of $95,674.36 is NONDISCHARGEABLE under 11 U.S.C. 523(a)(2)(A)...
OPINION JEAN K. FITZSIMON , Bankruptcy Judge . To be decided by the Court is the issue of whether the Plaintiff has standing to sue on these claims. Oral argument on the question was held on October 23, 2018, after which the Court took the matter under advisement. For the reasons which follow, the Court finds that the Plaintiff lacks standing to sue on these claims and that, as a result, the First Amended Complaint must be dismissed. 1 Standing and Subject Matter Jurisdiction For the...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this chapter 13 bankruptcy case, Chicago Title Insurance Co. ("Chicago Title") has moved for an enlargement of time to file a proof of claim on the ground that it did not receive notice of the case until after the deadline to file claims. I find that Chicago Title did not have notice of this bankruptcy case or of the deadline for filing proofs of claim prior to the expiration of the deadline. Pursuant to Fed. R. Bankr....
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION PDI Deval Acquisition, LLC ("PDI") filed an Application for Administrative Expenses Pursuant to Sections 503(b)(3)(D) and 503(b)(4) of the Bankruptcy Code ("Application") in the above-captioned bankruptcy case of Deval Corporation ("Debtor") seeking reimbursement for certain actions taken by PDI which substantially contributed to the Debtor's estate. The Court finds that PDI's extensive and costly participation...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, Chicago Title Insurance Co. ("Chicago Title") seeks a determination that the debt owed by Debtor Tatyana Mazik ("the Debtor") is nondischargeable under 11 U.S.C. 523(a)(2)(A) and 523(a)(6). Pursuant to Fed. R. Civ. P. 12(b)(6), the Debtor filed a motion to dismiss the adversary complaint ("the Motion"). The Motion is based primarily on three (3) grounds: (1) the untimely filing of...
OPINION IN SUPPORT OF SEPTEMBER 27, 2018 ORDER DENYING DEBTOR'S MOTION TO RECONSIDER RICHARD E. FEHLING , Chief Bankruptcy Judge . On July 9, 2018, Housing Opportunity Partners REO, LLC ("HOP"), filed its Motion for Relief from the automatic stay. On July 24, 2018, Debtor's counsel filed Debtor's opposition to the Motion for Relief. In her response to paragraph 4, Debtor denied as a legal conclusion that HOP is the legal owner of the property at issue. This issue, however, was not...
MEMORANDUM MAGDELINE D. COLEMAN , Bankruptcy Judge . Before this Court for consideration is the Debtor's Objection to Proof of Claim No. 1 as Filed by Lisa Waldorf (the "Claim Objection"), 1 filed by John H. Waldorf (the "Debtor"). By the Claim Objection, the Debtor objects to the lone remaining unresolved component of the claim filed by his ex-wife, Lisa Waldorf ("Claimant," and together with Debtor, the "Parties"), which is for legal fees relating to the Parties' pre-petition divorce (...
OPINION ERIC L. FRANK , Bankruptcy Judge . I. INTRODUCTION On January 5, 2017, Daniel Clark ("the Debtor") filed this voluntary chapter 7 bankruptcy case. On July 7, 2017, the U.S. Trustee ("the UST") filed an adversary complaint objecting to the Debtor's discharge. 1 In the complaint, the UST objects to the Debtor's discharge under 11 U.S.C. 727(a)(2)(A) and (a)(4)(A). The UST alleges that the Debtor concealed transfers of property during the year preceding the filing of this...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION Bonnie F. Finkel, the Chapter 7 Trustee in this case ("Trustee"), has filed a Motion for Sanctions ("Motion") against defendant, WeVeel, LLC ("WeVeel"), seeking reasonable attorneys' fees and costs incurred as a result of WeVeel's violation of this Court's orders compelling production of documents. Because WeVeel unreasonably withheld crucial financial documents and engaged in a pattern of deceit and delay since...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Mattie Mae Faulkner ("the Debtor") filed this chapter 13 bankruptcy on January 30, 2017. On March 27, 2017, M & T Bank ("M & T") filed a proof of claim in the amount of $126,523.43, secured by a mortgage on the Debtor's residential real property, 5432 North Fairhill Street, Philadelphia, PA ("the Property"). On September 12, 2017, the Debtor filed a Complaint commencing this adversary proceeding against M & T. She...
STATEMENT SUPPORTING ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE IN PART AND WITHOUT PREJUDICE IN PART RICHARD E. FEHLING , Chief Bankruptcy Judge . This adversary proceeding seeks my determination that Plaintiff's claim against Debtor/Defendant ("Debtor") is not dischargeable. Toward that end, I must consider Debtor's Motion To Dismiss Plaintiff's Amended Complaint (the "Motion To Dismiss"), the Objection thereto filed by Plaintiff, and the briefs filed by the parties: 1. On...
ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE IN PART AND WITHOUT PREJUDICE IN PART RICHARD E. FEHLING , Bankruptcy Judge . IT IS HEREBY ORDERED, based upon the accompanying Statement supporting this Order, that I HEREBY GRANT WITH PREJUDICE the Motion To Dismiss Count I.A. of the Amended Complaint because I conclude that any default judgment entered against Debtor is not entitled to collateral estoppel effect under Pennsylvania law, IT IS FURTHER ORDERED, based upon the accompanying...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION When Silvia Yovtcheva ("Debtor") became entitled to receive $250,000 from the life insurance policy of her ex-husband shortly after filing this case, Terry Dershaw, the Chapter 7 trustee ("Trustee"), was statutorily required to collect the proceeds from the policy and distribute them to the Debtor's creditors. Although the Trustee was permitted to retain counsel to assist him with the legal tasks associated with...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In 2013, Vision West, Inc. ("Vision West") sued Addison Dane, Inc. ("Addison Dane") in the Court of Common Pleas, Lancaster County ("the State Court") for breach of a contract pursuant to which Vision West financed Addison Dane's purchase of inventory for its business operations. In the same lawsuit, Vision West sued Alan H. Catalan ("the Debtor") to enforce his personal guaranty of the Addison Dane-Vision West contract....
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In October 2016, the plaintiffs, David and Ruth Martin ("Plaintiffs"), obtained a prepetition judgment ("Judgment") in the Chester County Court of Common Pleas ("CCP") against the debtor, Heriberto Melendez ("Debtor"). Memo in Supp. of Pls.' Mot. for Summ. J. ("Mot.") Ex. 1 at 6-7. In connection with the Judgment, the CCP determined that the Debtor had breached a contract by knowingly supplying the Plaintiffs with a...
Statement of Reasons in Support of Order Denying in Part and Granting in Part Defendants' Motion to Dismiss JEAN K. FITZSIMON , Bankruptcy Judge . This 27th day of July, 2018, upon consideration of the Defendants John P. and Bridget Williams (the "Defendants" or "Debtors")' Motion to Dismiss this Adversary Proceeding (doc. no.4, the "Motion"): I. PROCEDURAL BACKGROUND AND whereas, A. John P. and Bridget Williams filed for bankruptcy under chapter 7 on December 5, 2017. B. This...
MEMORANDUM ERIC L. FRANK , Bankruptcy Judge . I. INTRODUCTION Debtor David Marchese ("the Debtor") filed this chapter 7 bankruptcy case on May 26, 2016. Prior to the commencement of the case, the Debtor held a membership interest in Hopwood Farms LLC ("Hopwood"). Hopwood's only valuable asset was a parcel of real estate ("the Property"). Hopwood lost the Property in a prepetition foreclosure sale conducted by McCauley Associates Limited Partnership ("MALP"), an entity controlled by James...
OPINION Magdeline D. Coleman , United States Bankruptcy Judge . I. INTRODUCTION By Order dated January 17, 2014, this Court sustained objections to the Second Interim and Final Application for Compensation and Reimbursement of Expenses (the "Final Application"), 1 filed by the Law Offices of Paul J. Winterhalter, P.C. (the "Firm"), former counsel for the debtor, Joseph Grasso (the "Debtor"), and ordered the Firm to disgorge all fees paid to it by the Debtor in connection with...
OPINION ERIC L. FRANK , Bankruptcy Judge . I. INTRODUCTION Incare, LLC ("Incare" or "the Debtor") was a medical care provider that provided hospitalist services to various hospitals and medical facilities throughout central and eastern Pennsylvania. In this adversary proceeding, Robert H. Holber, the chapter 7 trustee ("the Trustee"), seeks to avoid certain transfers made by the Debtor to various insider entities. The Trustee invokes the actual and constructive fraudulent transfer...
