MEMORANDUM OPINION JEFFERY A. DELLER , Chief Judge . The matter before the Court is a Motion for Authority of Chapter 7 Trustee to Execute a Qualified Domestic Relations Order to Effectuate Property Settlement Agreement (the "Motion to Execute QDRO"). The Motion to Execute QDRO is a core proceeding over which this Court has subject matter jurisdiction pursuant to 28 U.S.C. 157(b)(2)(A), 157(b)(2)(E), 157(b)(2)(O) and 1334(b). For the reasons set forth below, the Court shall enter an...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief Judge . This is a case that finds itself in a unique position. That position is a chapter 7 bankruptcy trustee filing suit against a chapter 11 debtor-in-possession. The gravamen of the dispute is that the chapter 7 trustee is seeking the turnover of $145,000 in retirement funds (the "Retirement Funds") in the possession, custody and control of the chapter 11 debtor-in-possession. 1 Since this adversary proceeding concerns property of the...
MEMORANDUM OPINION JEFFERY A. DELLER, Chief Judge. The matter before the Court is a Motion to Approve Settlement of the Underinsured Motorist Claim (the "Motion") filed by William J. Rickard and Carolyn M. Rickard (collectively, the "Debtors"). The Motion is a core proceeding pursuant to 28 U.S.C. Sections 157(b)(2)(A) and 157(b)(2)(K), and the Court has jurisdiction over the matter pursuant to 28 U.S.C. Sections 157(a) and 1334. For the reasons set forth below, an order shall be entered...
NOT FOR PUBLICATION MEMORANDUM OPINION GREGORY L. TADDONIO, Bankruptcy Judge. The Debtor, Theresa K. Slaughter (the " Debtor "), brings this matter before the Court upon her Complaint (the " Complaint ") against VA Pittsburgh Employees Federal Credit Union (the " Pittsburgh FCU " or " Credit Union ") and Pamela J. Curcio (" Curcio " and, together with the Credit Union, the " Defendants "). Also before the Court is the Motion for Sanctions for Willful Violation of the Automatic Stay [Doc....
MEMORANDUM OPINION JEFFERY A. DELLER, Chief Judge. The matter before the Court is the proper disposition of funds presently held by the Chapter 13 Trustee (as a result of early termination of the of the Debtors' Chapter 13 plan). The Debtors have requested that the funds on hand be refunded to them. The Trustee has opposed such a request. I. This case has had somewhat of a tortured history. In the years leading up to this case, the Debtors had been in bankruptcy in two prior cases. In 2003,...
MEMORANDUM OPINION CARLOTA M. BOHM, Bankruptcy Judge. The matter before the Court is the Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C. 523 ("Complaint") filed by Plaintiff, Melbourne Wann ("Mr. Wann"), against the Debtor, Helen V. Sosso ("Debtor"). 1 The Complaint asserts that the debt owed to Mr. Wann is not dischargeable pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(6). For the reasons stated herein, this Court finds that the debt is dischargeable. BACKGROUND...
MEMORANDUM OPINION JEFFERY A. DELLER, Chief Judge. Pursuant to a fraudulent transfer action brought by the Chapter 7 Trustee, this Court issued a Memorandum Opinion dated October 31, 2012 finding that assets in the amount of $488,615.79 had been fraudulently transferred by the Defendants under the Pennsylvania Uniform Fraudulent Transfer Act. On appeal, the United States District Court for the Western District of Pennsylvania remanded for further proceedings consistent with its opinion on...
MEMORANDUM OPINION JEFFERY A. DELLER, Chief Judge. The matter before the Court is the Debtor's Motion to Reject Oil and Gas Lease Pursuant to 11 U.S.C. 365(d)(2). The Debtor is a lessor of an oil and gas lease and seeks to reject his oil and gas lease as not being in the best interest of the estate due to (a) the allegedly inadequate amount of compensation received thereunder, and (b) the expectation of securing a new lease that will enable him to pay his creditors in full. This matter...
MEMORANDUM OPINION JEFFERY A. DELLER, Chief Judge. The matter before the Court is an objection to exemptions (the "Objection") filed by James R. Walsh, Esquire, trustee (the "Trustee"), challenging the exemptions claimed by the debtor, Michele G. Burgeson (the "Debtor"). The matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A), and the Court has jurisdiction over the matter pursuant to 28 U.S.C. 1334(b). Through the Objection, filed pursuant to 11 U.S.C. 522( l ), the...
