Confirmation of Plan 11 U.S.C. 1325 OPINION HENRY W. VAN ECK , Bankruptcy Judge . (JH) In this case the court considers the request of John W. Lafferty, III and Constance A. Lafferty (the "Debtors") for confirmation of their Chapter 13 Plan (the "Plan") pursuant to 1325 of Title 11, U.S.C. 1 Eastern Consolidation and Distribution Services, Inc. ("ECDS"), the holder of an allowed unsecured claim, has objected to confirmation of the Plan (the "Objection") on multiple grounds, including...
MEMORANDUM OPINION AND ORDER HENRY W. VAN ECK , Bankruptcy Judge . On June 7, 2019, Plaintiff filed the above-captioned Complaint to Determine Dischargeability under 11 U.S.C. 523(a)(15), 523(a)(2)(A), 523(a)(2)(B), and 523(a)(4) 1 (the "Complaint"). In her Complaint, Plaintiff seeks a determination that she holds a non-dischargeable property interest in the Defendant's 401(k) account and certain restricted stock of CoStar Group, Inc. (the "Stock") or, in the alternative, that the...
OPINION 1 Document No.: 1. Nature of Proceeding: Adversary Complaint. ROBERT N. OPEL, II , Chief Bankruptcy Judge . Debtor filed an Adversary Complaint seeking to discharge his student loans alleging they posed an undue hardship. The United States Department of Education and the Educational Credit Management Corporation timely filed answers. For the reasons stated below, I will enter judgment for Defendants. I. JURISDICTION This Court has jurisdiction over this matter pursuant to 28...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . Debtor filed an Adversary Complaint seeking to discharge his student loans alleging they posed an undue hardship. The United States Department of Education and the Educational Credit Management Corporation timely filed answers. For the reasons stated below, I will enter judgment for Defendants. I. JURISDICTION This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding under 28 U....
OPINION The Honorable Henry W. Van Eck . This matter came before the court for hearing on August 20, 2019 (the "Hearing") regarding its December 21, 2018 Order (the "Sale Order") Granting the Trustee's Motion for Sale of the Debtor's Real Estate Located at 2008 Idaville Road, Huntington Township, York Springs, Pennsylvania (the "Real Property") Free and Clear of Liens, Claims, and Encumbrances (the "Sale Motion") and the written submissions filed in response thereto by S&T Bank, successor...
OPINION 1 ROBERT N. OPEL, II , Chief Judge . This is a non-dischargeability action. A motion to dismiss the original complaint was previously granted, with leave to amend. The Plaintiff/Creditor filed an Amended Complaint and the Debtor/Defendant has moved to dismiss the Amended Complaint. For the reasons stated below, I will deny the Motion to Dismiss. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding under 28...
OPINION Henry W. Van Eck , Bankruptcy Judge . (JH) This matter came before the Court for hearing on August 8, 2019 (the "Hearing") regarding the Motion of GVM, Inc. ("GVM") and Independent AG Equipment, Inc. ("IAE") Pursuant to 11 U.S.C. 105, 363 and 364 for an Order Authorizing the Payment of Certain Prepetition Claims of Critical Vendors and for Expedited Relief (the "Motion"), and the Objections filed thereto by PeoplesBank, a Codorus Valley Company ("PeoplesBank"), Moneycorp US,...
Motion for Use of Cash Collateral 11 U.S.C. 363 OPINION Henry W. Van Eck , Bankruptcy Judge . This matter came before the Court for hearing on August 8, 2019 (the "Hearing") regarding the Emergency Motion of GVM, Inc. ("GVM") and Independent AG Equipment, Inc. ("IAE") for an Order Pursuant to 11 U.S.C. 363 To: (I) Permit Use of Cash Collateral and Provide Adequate Protection to Parties with Interest in Cash Collateral, (II) Request for Expedited Hearing, Reduced Notice Period and...
Opinion Judge Henry W. Van Eck This case involves Chapter 13 debtors whose combined income exceeds the applicable median income. Because of this the court may not approve their chapter 13 plan over the objection of the chapter 13 trustee unless the plan pays 100% of all allowed unsecured claims or it pays all the Debtors' "projected disposable income" to unsecured creditors. The Debtors are not proposing a 100% plan. Therefore, the Debtors must devote all their projected disposable income...
Motion to Modify Plan 11 U.S.C. 1329 AMENDED OPINION HENRY W. VAN ECK , Bankruptcy Judge . In this case the court considers the Motion of Robert P. Conrad, Jr. and Lisa Lanocha Conrad (the "Debtors") Seeking Leave to Modify their Confirmed Chapter 13 Plan (the "Motion to Modify") pursuant to 1329(a)(1) of Title 11, U.S.C. 1 The Chapter 13 Trustee, Charles J. DeHart, III, Esquire (the "Trustee"), has objected to the Motion on multiple grounds, including a failure on the part of the...
Motion to Modify Plan 11 U.S.C. 1329 AMENDED OPINION Signing Judge : The Honorable Henry W. Van Eck . In this case the court considers the Motion of Robert P. Conrad, Jr. and Lisa Lanocha Conrad (the "Debtors") Seeking Leave to Modify their Confirmed Chapter 13 Plan (the "Motion to Modify") pursuant to 1329(a)(1) of Title 11, U.S.C. 1 The Chapter 13 Trustee, Charles J. DeHart, III, Esquire (the "Trustee"), has objected to the Motion on multiple grounds, including a failure on the...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . Debtor filed an Adversary Complaint alleging Defendant violated the automatic stay. Subsequently, Debtor filed a Motion for Summary Judgment. For the reasons stated below, I will grant Debtor's Motion in part and deny it in part. I. JURISDICTION This 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) & (G). II. FACTS AND PROCEDURAL HISTORY On or...
Nature of Proceeding: Fifth Amended Chapter 13 Plan OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . The Chapter 13 Trustee and the only creditor who has filed a proof of claim each objected to confirmation of the Chapter 13 Debtor's Fifth Amended Plan. For the reasons stated below, I will sustain the Objections to confirmation and allow the Debtor a final opportunity to file a confirmable plan. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C....
Document No.: 78. OPINION 1 Robert N. Opel, II , Bankruptcy Judge . Claimant, a purported claim assignee, filed its Claim in Debtor's Chapter 13 bankruptcy. Subsequently, Debtor filed an Objection requesting the Claim be disallowed in its entirety. For the reasons stated below, Debtor's Objection is sustained, and the Claim is disallowed. I. JURISDICTION This 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(...
{ Nature of Proceeding Objection to Proof of Claim No. 1 (Hildebrand) (Doc. #74) and Objection to Proof of Claim No. 2 (Keefer) (Doc. #73)} OPINION HENRY W. VAN ECK , Bankruptcy Judge . This matter comes before the court on two separate but substantively similar objections filed by Joyce S. Whiteley 1 to Proofs of Claim filed by Susan J. Hildebrand and Kevin E. Keefer (the "Objections"). Hildebrand and Keefer (the "Claimants") are represented by common counsel and have filed...
Nature of Proceeding: Motion to Convert Case to Chapter 13 OPINION 1 The Honorable Robert N. Opel, II , Judge . The Chapter 7 Debtors moved to convert their case to a case under Chapter 13. Objections were filed by the Chapter 7 Trustee and a secured creditor. For the reasons stated below, I will sustain the Objections and deny the Motion to Convert to Chapter 13. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157(b). This is a core...
Nature of Proceeding: Motion to Dismiss Adversary Proceeding OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge (BI). Scranton Laminated Labels, Inc., Scranton Label, and Edmund J. Carr (collectively, "Plaintiffs") filed a two-count Amended Adversary Complaint ("Amended Complaint") averring non-dischargeability of their claim pursuant to 11 U.S.C. 523(a)(6) 2 and objecting to Carolyn J. Florimonte's ("Defendant") discharge pursuant to 727(a)(4)(A). After filing an Amended...
OPINION Henry W. Van Eck , Bankruptcy Judge . This matter comes before the Court on the Motion of Bruce A. Ruth and Dawn Conversions, Inc. to Dismiss Chapter 13 Case for Bad Faith Filing filed on October 31, 2018 (the "Motion to Dismiss"). The debtors, Robert E. Swigert and Mary Ellen Swigert, filed the above-captioned chapter 13 proceeding on October 13, 2018. At the time the current case was filed, Mr. and Mrs. Swigert were already before the Court in another chapter 13 proceeding filed...
OPINION 1 Robert N. Opel, II , Chief Bankruptcy Judge . The pro se Chapter 13 Debtor filed a Complaint which challenges a pre-petition state court judgment in mortgage foreclosure by the Defendant/Bank. I will grant the Defendant's Motion to Dismiss for lack of subject matter jurisdiction, with prejudice. I. Jurisdiction This Court has apparent 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) and (O). II....
OPINION 1 Document No. 4 Motion to Dismiss Adversary Proceeding ROBERT N. OPEL, II , Chief Bankruptcy Judge . The Plaintiff seeks a finding of non-dischargeability for her claim against the Debtor/Defendant (incorrectly identified as "Plaintiff" in the Complaint case caption) for charges he incurred on her credit card as an authorized user. Upon Motion, I will dismiss the Complaint, with leave to amend. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C....
