OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Presently pending before the Court is a Second Motion to Dismiss filed by the Debtor/Defendant, Gregory M. Adalian ("Adalian" or "Defendant"). The Motion seeks to dismiss the Amended Complaint filed by the Plaintiff, Emerson M.F. Jou ("Jou" or "Plaintiff"). For the reasons stated herein, the Motion to Dismiss is granted as to Counts I, III, and V; it is denied as to the remaining Counts. I. Jurisdiction The Court has jurisdiction over this...
OPINION 1 MARY D. FRANCE, Chief Judge. Before the Court is the motion of Wells Fargo Bank ("Wells Fargo" or the "Bank") requesting the Court to dismiss a Complaint filed by Mildred C. Linsenbach ("Debtor") on the basis that the Complaint fails to state a claim upon which relief can be granted. In her Complaint, Debtor alleges that the Bank violated the automatic stay as well as the Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA"), 73 P.S. 2270.1 et seq. 2 and the Pennsylvania...
OPINION JOHN J. THOMAS, Bankruptcy Judge. The litigation pending before me raises an interesting issue of interpretation created by a phrase utilized in the Bankruptcy Amendments of 2005. As may be apparent, those amendments placed several constrictions on consumer filers because of perceived past abuses. Among those changes was included an anti-modification provision found in 1325 of the Bankruptcy Code regarding vehicle purchases. The provision is referred to as the "hanging paragraph"...
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Pending before the Court is a Motion for Summary Judgment by the Plaintiff, Erie Materials, Inc. ("Erie" or "Plaintiff"), filed on August 1, 2012. For the reasons stated herein, the Motion for Summary Judgment is denied and the matter will proceed to trial. I. Jurisdiction The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). II. Facts and Procedural...
OPINION 1 JOHN J. THOMAS, Bankruptcy Judge. Michele and Christopher Paige filed Chapter 7 bankruptcy on August 29, 2011. Prior to the bankruptcy, under legal counsel of Christopher, Michelle Paige 2 managed a young hedge fund that Lerner Master Fund, LLC (hereinafter "LMF") 3 , as the fund's sole investor, entrusted 40 million dollars. The contractual relationship between Michelle Paige and LMF was defined by two distinct documents. One contract, the seeder agreement 4 , seemingly...
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. This Chapter 13 case presents the following question. Can a debtor's plan providing for modified payment of an oversecured claim beyond the loan maturity date be confirmed, over the objection of the creditor I find that it cannot and will, therefore, sustain the objection to the plan. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157(b)(2). This is a core proceeding under 28 U.S.C. 157(b)(...
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Presently pending before the Court is a Motion to Dismiss filed by the Debtor/Defendant, Gregory M. Adalian ("Adalian" or "Debtor"). The Motion seeks to dismiss the Adversary Complaint filed by the Plaintiff, Emerson M.F. Jou ("Jou" or "Plaintiff"). For the reasons stated herein, the Motion to Dismiss is denied in part and granted in part. I. Jurisdiction The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This...
OPINION MARY D. FRANCE, Chief Judge. Orrstown Bank ("Orrstown") filed a motion for relief from the automatic stay (the "Motion") to pursue mortgage foreclosure proceedings against real property owned by Biltwood Properties LLC ("Debtor"). For the reasons set forth below, the Motion will be granted. I. Procedural History Debtor filed a voluntary petition under Chapter 11 on November 11, 2011. On Schedule A, Debtor listed its interest in real property with a value of $700,000 located at 544...
OPINION MARY D. FRANCE, Chief Judge. Before me is the motion of AgChoice Farm Credit, ACA ("AgChoice") for partial summary judgment on its complaint against Albert and Janet Glenn ("Debtors"). AgChoice is a creditor holding a claim secured by an interest in Debtors' former residence. In its complaint, AgChoice alleges that after it commenced foreclosure proceedings, Debtors willfully and maliciously removed fixtures from the residence, converted them to their own use, and damaged the...
OPINION MARY D. FRANCE, Chief Judge. I. Introduction Jared and Elizabeth Rumer ("Debtors") filed their bankruptcy petition and included on their schedule of creditors holding unsecured nonpriority claims fourteen claims related to student loan debt. Debtors now allege that the loans upon which the claims arose are not "qualified educational loans" and thus, are subject to discharge under 11 U.S.C. 1328(a). Alternatively, Debtors argue that excepting the loans from discharge under 11 U.S.C....
OPINION JOHN J. THOMAS, Bankruptcy Judge. As is relatively common, a simple set of facts poses a question of law of some complexity. It comes to me by way of two objections filed to the Debtor's Chapter 13 Plan. The Debtor, Scott Kresge, filed a Chapter 13 bankruptcy on March 17, 2011. About the time of filing, his lawyer searched the county records and discovered that, in 2006, Scott's parents, Carl and Sandra Kresge, deeded to Scott and his brother, David, a parcel of property upon...
