OPINION Mary D. France , Chief Bankruptcy Judge . Before the Court is the objection of Durham Commercial Capital Corp. ("Durham") to the motion filed by Dryden Advisory Group, LLC ("Dryden"), the debtor in the within case, for an order approving Dryden's use of cash collateral. Durham opposes Dryden's motion as it pertains to certain accounts receivable Durham asserts it purchased under a factoring agreement entered into between the parties before Dryden filed its bankruptcy petition. If...
OPINION Document No. 573 JOHN J. THOMAS , Bankruptcy Judge . Louis and Rosemary Brothers have filed a Motion to lift the automatic stay (Doc. #573) to allow the advancement of defense costs under a Directors, Officers and Corporate Liability Policy (D & O Policy) owned by the Chapter Seven Debtor, Valley Forge Composite Technologies, Inc. In the alternative, they seek a declaratory judgement that the automatic stay does not apply. An Objection (Doc. #579) was filed to that Motion by the...
OPINION Mary D. France , Chief Bankruptcy Judge . On September 14, 2015 Kenneth L. Watkins, Sr. ("Watkins") filed the above-captioned, three-count Complaint requesting that I find that his $85,000 claim in the bankruptcy case of David K. Fleisch ("Debtor") is excepted from discharge. Watkins' claim arose from the settlement of a civil action brought by Watkins after his wife, Lisa Ann Watkins ("Decedent"), was killed in a motor vehicle collision involving Debtor. On October 15, 2015,...
OPINION MARY D. FRANCE , Chief Bankruptcy Judge . Before me is the Motion of Durham Commercial Capital Corp. ("Durham") for Allowance and Payment of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(1)(A) (the "Motion") and the Objections of Dryden Advisory Group, LLC ("Dryden"), Beneficial Mutual Savings Bank ("Beneficial"), and Citibank, N.A. ("Citibank"). 1 I. BACKGROUND In my July 29, 2015 Opinion, I ruled that a factoring agreement ("the Amended Factoring Agreement")...
OPINION MARY D. FRANCE , Chief Bankruptcy Judge . Before me is the Objection filed by Randolph Allen Shearer ("Debtor") to the proof of claim filed by CadleRock Joint Venture, L.P. ("CadleRock") in the above-captioned bankruptcy case. Debtor argues that the claim should be disallowed because the unsecured mortgage deficiency was discharged in his 2004 Chapter 13 case. CadleRock counters that the claim was not discharged because Debtor's confirmed plan provided for regular payments on...
OPINION MARY D. FRANCE . Chief Bankruptcy Judge . On November 13, 2015, Mark Steven Tomey, Sr. ("Tomey") filed "Creditor's Motion for Unbiased Judge," which I interpret as a demand for recusal. After having reviewed the reasons advanced by Tomey for why another judge should hear further matters in this case, I have determined that my recusal is not warranted, and the motion will be denied. I. Procedural History On January 22, 2015, Tomey, an unrepresented, unsecured creditor, filed a...
OPINION 1 Robert N. Opell, II , Bankruptcy Judge . Pending before the Court is a Motion for Summary Judgment. Defendants, Ricky E. and Pamela J. Witmer's ("Debtors"), Motion for Summary Judgment was filed on August 18, 2015 ("Motion"). For the reasons stated below, the Motion 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 is a core proceeding under 28 U.S.C. 157(b)(2)(A), (I), and (O). II....
OPINION Robert N. Opel, II , Bankruptcy Judge . The Debtor has moved to dismiss the non-dischargeability Complaint as untimely filed. For the reasons stated below, I will grant the Motion to Dismiss but allow the Plaintiff twenty-one days to file an amended conforming complaint. I. Jurisdiction The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157. This is a core proceeding under 28 U.S.C. 157(b)(2)(I). II. Facts and Procedural History Michael Trichilo ("...
OPINION Robert N. Opel, II , Bankruptcy Judge . The Plaintiff/Bank alleges that a mortgage it held was erroneously satisfied by a former holder of the mortgage. It requests that the satisfaction be set aside and the mortgage reinstated. The Plaintiff/Bank now seeks summary judgment. I conclude that there is an outstanding material issue of fact as to whether the Plaintiff was the holder of the mortgage at the time of the satisfaction. Therefore, the Motion for Summary Judgment is denied....
OPINION MARY D. FRANCE , Chief Bankruptcy Judge . Michael Jeffrey Leone and Kelley Jo Leone ("Debtors") objected to the proof of claim filed by Commonwealth Land Title Insurance Co. ("Commonwealth"). Commonwealth's claim is based on the theory of unjust enrichment. On August 17, 2015, I issued an Opinion and Order sustaining Debtors' objection having concluded that Commonwealth's claim was barred by the Pennsylvania four-year statute of limitations on unjust enrichment actions....
OPINION MARY D. FRANCE , Chief Bankruptcy Judge . Before me is the Objection filed by Steven P. Nissley ("Debtor") to the Motion filed by Markian R. Slobodian, Trustee (the "Trustee") to sell certain real estate to which Debtor held title before he filed a Chapter 7 bankruptcy petition on September 16, 2013. The real estate is an undeveloped, 10.5-acre parcel of rural land (the "Property") located on Down the Lane Road 1 in Conewago Township, Dauphin County, Pennsylvania. The Motion...
OPINION 1 Document Nos. 30, 34 JOHN J. THOMAS , Bankruptcy Judge . Before the Court are two separate objections by the Debtor to proofs of claim filed by eCAST Settlement Corporation, assignee of Citibank, N.A., (hereinafter "eCAST") (Claim 5-3) 2 and American Express Centurion Bank (hereinafter "American Express") (Claim 4-2). The Debtor argues that both claims do not comply with the requirements of Federal Rule of Bankruptcy Procedure 3001 and that each claim is unenforceable against...
OPINION MARY D. FRANCE , Chief Bankruptcy Judge . Before me is a Motion filed by Anthony Botek ("Plaintiff") on October 28, 2015 requesting reconsideration of the Judgment entered October 14, 2015 against Plaintiff in the above-captioned matter. In his Motion, Plaintiff argues that the Judgment was based upon erroneous findings because I misinterpreted certain evidence and testimony. For the reasons that follow, reconsideration will be denied. I. Discussion Rule 60(b) of the Federal...
OPINION Nature of Cross Motions for Summary Proceeding: Judgment (Doc. Nos. 7, 10) JOHN J. THOMAS , Bankruptcy Judge . In this Chapter 13 case, a Complaint has been filed by the Trustee, Charles J. DeHart, III, and the Debtor, James Lee Petruncio, alleging that a mortgage held by Valor Federal Credit Union against the Debtor's real estate was not timely recorded and is, therefore, void under state law. There appears to be no dispute as to the facts and the litigants have filed cross...
OPINION 1 Motion of JPMorgan Chase Bank to Reconsider Order Denying Motion for Relief JOHN J. THOMAS , Bankruptcy Judge . Instead of filing a Third Motion for Relief from the Automatic Stay, the Movant, JPMorgan Chase Bank, N.A., opted to file a Motion for Reconsideration of this Court's denial of the Second Motion for Relief from the Automatic Stay under the dictates of Federal Rule of Bankruptcy Procedure 9023 (New Trials; Amendment of Judgments) making Federal Rule of Civil Procedure...
OPINION United States' Motion for Relief from the Automatic JOHN J. THOMAS , Bankruptcy Judge . This matter arises on the Motion for Relief from Stay filed by the United States for permission to setoff a medicare payment allegedly owing from the government Department of Health and Human Services (HHS) against a tax debt owed by the Debtor. The Chapter 7 Trustee has filed an Objection arguing that the elements needed for setoff are not present. At the time of hearing, the parties agreed...
OPINION JOHN J. THOMAS , Bankruptcy Judge . Nature of Proceeding: Motions for Substantive Consolidation Michael G. Oleyar, Esquire, the Trustee in the bankruptcy estates of Anthony W. Terrinoni, 5:12-bk-01012-JJT and Geri Lynn Marie Terrinoni 5:13-bk-0475-JJT has filed Motions to substantively consolidate the above estates. While no written objections were filed, counsel for Anthony lodged an oral objection at the time of the hearing. Since there was no testimony proffered at the time of...
OPINION Robert N. Opel, II , Bankruptcy Judge . The Chapter 13 Debtors' former law firm filed an Adversary Proceeding objecting to the Debtors' discharge citing 727 of the Bankruptcy Code. For the reasons stated below, I will grant the Debtors/Defendants' Motion to Dismiss the Complaint and allow the Plaintiff law firm twenty-one (21) days to file an amended conforming complaint. I. Jurisdiction The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157. This is...
OPINION Mary D. France , Chief Bankruptcy Judge . Before me is the Complaint filed by Anthony Botek ("Plaintiff") requesting the Court to except his claim against Dora Estella Gay ("Debtor") from discharge. For the reasons set forth below, Plaintiff has failed to meet his burden to establish grounds for relief under either 11 U.S.C. 523(a)(2) or 523(a)(6). Accordingly, judgment will be granted in favor of Debtor and against Plaintiff. I. Procedural History Debtor filed her Chapter 7...
OPINION MARY D FRANCE , Bankruptcy Judge . This matter is before the Court on its own motion to review the Amended Fifth 1 Fee Application filed by Debtors' counsel in the above-captioned case. 2 For the reasons set forth below, this application will be denied. 3 I. Factual and Procedural Background On December 5, 2011, Julie Dorsett, Esquire ("Dorsett") filed a Chapter 13 petition on behalf of the above-captioned Debtors (the "Fontaines"). The Disclosure of Compensation of Attorney...
