OPINION MARY D. FRANCE , Bankruptcy Judge . Before the Court is the Motion filed by Capital for Merchants, LLC ("Capital") for reconsideration of the order entered October 16, 2014, sustaining the objection of Markian R. Slobodian, Chapter 7 trustee for the estate of ABS Ventures, Inc. (the "Trustee"), to Capital's amended proof of claim. For the reasons that follow, the Motion for reconsideration will be granted, subject to further order of the Court. 1 I. Factual and Procedural...
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Before the Court is Rite Aid Hdqtrs. Corp.'s ("Rite Aid") Motion to Dismiss the Chapter 7 Bankruptcy Petition of Robert A. Hunt ("Debtor") pursuant to 11 U.S.C. 707(a) 2 ("Motion"). For the reasons stated below, the Motion is denied. I. Jurisdiction The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157(a), (b)(1). This is a core proceeding under 28 U.S.C. 157(b)(2)(A) and (O). II. Facts and Procedural History...
OPINION ROBERT N. OPEL, II , Bankruptcy Judge . This is a Motion for Summary Judgment filed by the Chapter 7 Trustee. The Trustee moves for summary judgment to sell, pursuant to 11 U.S.C. 363(h) 1 , the Debtors' interests in a limited liability company free of the co-owners' interests in the limited liability company. For the reasons stated below, the Motion for Summary Judgment is denied. I. JURISDICTION This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334...
OPINION MARY D. FRANCE, Chief Judge. Before me is a motion (the "Motion") filed by G6 Hospitality Franchising LLC, et. al, ("G6") to dismiss the Chapter 13 bankruptcy petition filed by Navnitlal Zaver ("Debtor"). G6 also filed an objection to Debtor's Chapter 13 plan. Debtor having filed an amended plan after the hearing on the Motion, the objection to Debtor's original plan is moot. For the reasons that follow, G6's Motion will be denied. I. Procedural History On September 23, 2013,...
OPINION JOHN J. THOMAS, Bankruptcy Judge. Dawn Anne Walsh, Debtor, has filed a Complaint for violation of the automatic stay against UGI Utilities, Inc., alleging that she is entitled to damages under 11 U.S.C. 362(k). Rather than answering the Complaint, UGI filed a Motion to Dismiss under Rule 12 alleging the injury caused by the violation is insufficiently described and that Debtor did not comply with 342(g)(2) of the Code which, it says, is a lynchpin to pursue damages on behalf...
OPINION ROBERT N. OPEL, II, Bankruptcy Judge. This Adversary Proceeding was originally commenced as a non-dischargeability action. The Plaintiffs/Creditors have now moved to amend their Complaint to make certain technical amendments to Count I of the non-dischargeability Complaint. The Amended Complaint also contains a new Count II which raises objections to the Debtor/Defendant's Chapter 7 discharge. For the reasons stated below, I will grant leave to file the Amended Complaint regarding...
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Before the Court is Craig Lehmann's ("Debtor" or "Defendant") Motion to Dismiss Adversary Proceeding ("Motion to Dismiss"). It prays for the dismissal of the Complaint Objecting to Discharge under Section 727(a)(2) 2 of the Bankruptcy Code and Objecting to Discharge of Debt under Section 523(a)(6) of the Code filed by BankUnited, N.A. ("BankUnited" or "Plaintiff"). For the foregoing reasons, the motion is granted in part and denied in part....
OPINION 1 ROBERT N. OPEL, II, Bankruptcy Judge. Presently pending are two motions for summary judgment. The first is Defendant, Metro Bank's ("Metro"), Motion for Summary Judgment which was filed on October 1, 2013 ("Metro Motion"). The second is Defendant, Blue Chip Federal Credit Union's ("Blue Chip"), Cross Motion for Summary Judgment filed on December 6, 2013 ("Blue Chip Motion"). For the reasons stated below, both Motions are denied. I. Jurisdiction The Court has jurisdiction over...
OPINION MARY D. FRANCE, Chief Judge. Before the Court is the motion of Hari Ram, Inc., ("Debtor") for the use of cash collateral (the "Motion"). Debtor concedes that Magnolia Portfolio, LLC ("Magnolia") holds a mortgage and is perfected by an assignment of rents and a UCC financing statement. Debtor asserts, however, that the hotel room revenues are property of the estate and that it has offered to provide adequate protection for Magnolia's interest in Debtor's assets. Conversely, Magnolia...
OPINION JOHN J. THOMAS, Bankruptcy Judge. North Central Pennsylvania Regional Planning and Development Commission (NCP) has filed a two Count Complaint against Jerome Eckert (Eckert). The Complaint alleges a violation of the automatic stay and further seeks equitable subordination under 510(c) of the Bankruptcy Code. According to the Complaint, NCP has judgments against the Debtors, Timothy and Susan Watson. The judgments represent liens against the real estate of the Debtors. NCP obtained...
OPINION JOHN J. THOMAS, Bankruptcy Judge. The Trustee of the Debtor, William G. Schwab, has filed a Motion to disallow the claim of Robert M. Lane, transferee of the original claimant, 3M Corporation. Claim # 80. The Trustee argues that disallowance is required under the provisions of 11 U.S.C. 502(d) and Federal Rule of Bankruptcy Procedure 3001(c). Some background is necessary to fully appreciate the Trustee's argument. The Debtor, Saint Catherine Hospital of Pennsylvania, LLC, was...
OPINION JOHN J. THOMAS, Bankruptcy Judge. The Trustee of St. Catherine Hospital of Pennsylvania, LLC, William G. Schwab, has filed a Complaint to avoid a judgment lien under the strong arm provisions of the Bankruptcy Code found at 11 U.S.C. 544 et seq. He has named as a Defendant Lease Associates, Inc., which had obtained a prepetition judgment, not against the Debtor, but against a related entity known as Saint Catherine Healthcare of Pennsylvania, LLC (Healthcare). The Trustee now...
