ORDER THOMAS P. AGRESTI, Chief Judge. For several months this case has been in a state of procedural confusion attributable to the Debtors' Counsel's failure to follow basic rules of procedure and the orders of the Court. The Court must therefore act to "clean up" the resulting mess as best it can. A recitation of the relevant procedural history of the case is necessary to provide the appropriate context for this Order. The Debtors' case was originally filed on October 9, 2005, as a...
MEMORANDUM OPINION 1 JUDITH K. FITZGERALD, Bankruptcy Judge. Before the court is the fee application of Debtor's counsel. 2 The case was dismissed on August 26, 2010, and a motion to reconsider the dismissal was denied on October 22, 2010. Order at Doc. no. 117. On July 6, 2009, Debtor filed an adversary complaint against Deutsche Bank alleging that the sheriff's sale was an unlawful fraudulent transfer of her property. Adv. No. 09-02385. The adversary case was dismissed on December 3,...
MEMORANDUM OPINION BERNARD MARKOVITZ, Bankruptcy Judge. Sherwood Fine Art, Inc. (hereafter "Sherwood"), a creditor of the instant debtors (hereafter "the Debtors"), commenced the instant adversary proceeding in order (a) to oppose the entry of the Debtors' Chapter 7 discharge pursuant to 11 U.S.C. 727(a)(2)-(5), and, alternatively, (b) to obtain a determination that Sherwood's claim is excepted from the Debtors' discharge pursuant to 11 U.S.C. 523(a)(4). The Court held a trial on the...
MEMORANDUM OPINION BERNARD MARKOVITZ, Bankruptcy Judge. Robert Shearer, the Chapter 7 Trustee for the above-captioned debtor (hereafter "the Trustee"), brings the instant adversary action to avoid as preferential under 11 U.S.C. 547(b) two discrete transfers of money from the United States District Court, W.D. Pa. (hereafter "the District Court"), to Petra Buschmeier, the instant defendant (hereafter "Buschmeier"). Such money had previously been paid into the District Court's Registry by...
MEMORANDUM ORDER THOMAS P. AGRESTI, Chief Judge. The Debtor and B & G Crane Service, LLC ("B & G") have filed an Emergency Joint Motion to Clarify Sale Order at Document No. 902, which in content, is actually a motion for reconsideration ("Emergency Motion"). The Emergency Motion contends that the Sale Order (Document No. 899) authorizing a sale of the Debtor's assets to B & G needs to be "clarified" because it purportedly fails to accurately set forth the intended pool of parties...
MEMORANDUM OPINION BERNARD MARKOVITZ, Bankruptcy Judge. James Walsh, the Chapter 7 Trustee for the above-captioned debtor (hereafter "the Trustee"), objects to the amended exemption that William Bosack, such debtor (hereafter "the Debtor"), has taken in monthly commissions that the Debtor continues to receive post-petition. The Court held a trial on the Trustee's exemption objection on April 25, 2011. The parties subsequently filed post-trial briefs. After considering the positions of both...
MEMORANDUM OPINION AND ORDER DENYING DEBTOR'S MOTION TO DISMISS 1 JUDITH K. FITZGERALD, Bankruptcy Judge. Before the Court is Debtor's Motion to Dismiss her Chapter 13 bankruptcy case pursuant to 11 U.S.C. 1307(b). The Motion is contested. BACKGROUND Debtor commenced this voluntary Chapter 13 proceeding on February 18, 2010. She listed assets valued at $72,951, of which $3551 is in personal property and the rest is in real estate, as well as three claims of unknown value: one against...
MEMORANDUM OPINION 1 JUDITH K. FITZGERALD, Bankruptcy Judge. Before the court is Plaintiff Donald J. Berkebile's (hereinafter, the "Debtor") Motion for Summary Judgment and Brief (hereinafter, the "Motion for Summary Judgment"). Adv. Doc. No. 18. The Debtor requests the court to issue an order that "removes the [tax] liens of the Internal Revenue Service [(hereinafter, the `IRS')] from [the real property located at] 3001 Bethel Church Road, Bethel Park, PA 15102 [(hereinafter, the `Bethel...
MEMORANDUM OPINION BERNARD MARKOVITZ, Bankruptcy Judge. Marie Ruston, the instant plaintiff (hereafter "Ruston"), seeks to have her claims against Dennis Borreggine, the above-captioned debtor (hereafter "the Debtor"), declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A). The Debtor disagrees that such claims should be excepted from his Chapter 7 bankruptcy discharge. For the reasons that are set forth below, the Court, after a trial on the matter held on January 24, 2011, holds...
