MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The matter before the Court is the Motion to Dismiss Adversary Proceeding Complaint ("Motion") filed by Defendants ERGO Versicherung AG ("ERGO"), Allianz Versicherungs-AG ("Allianz"), and NHA Hamburger Assekuranz-Agentur GmbH ("NHA," collectively referred to herein as "Movants"). 1 The Motion is opposed by Flabeg Solar US Corporation, the Debtor and Plaintiff herein ("Debtor"). For the reasons that follow, this Court...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . Debtors and Defendants, Larry and Brenda Pompelia, seek dismissal of this adversary proceeding for lack of this Court's jurisdiction. 1 The Plaintiff, the Pennsylvania Property and Casualty Insurance Guaranty Association ("PPCIGA"), filed this adversary proceeding 2 seeking a declaratory judgment that PPCIGA has no obligation to defend or indemnify the Pompelias or their company, BLP, LLC d/b/a Final Score Sports...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . The Debtor, John Michael Chain, commenced a chapter 11 bankruptcy case that was later converted to a case under chapter 7. After he received a discharge, but before the chapter 7 trustee could liquidate the estate's assets, Chain filed a new bankruptcy case seeking relief under chapter 13 of the Bankruptcy Code. Through this effort, Chain seeks to liberate his residence from the chapter 7 estate by curing and...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge . This Memorandum Opinion constitutes the Court's findings of fact and conclusions of law pursuant to Fed.R.Bankr.P. 7052. The Plaintiff, Denise Olson, is the Debtor's ex-spouse. By this action, the Plaintiff filed an Adversary Proceeding seeking a determination that obligations contained in "Final Separation Agreement and Property Settlement" ("Agreement") between Mrs. Olson and the Debtor are non-dischargeable....
MEMORANDUM OPINION Jeffery A. Deller , Chief Judge , United States Bankruptcy Court. On September 21, 2016, the Court conducted a hearing on the following matters: the Motion to Compel Respondent Fred Kleisner to Produce Documents and Information in Response to the Subpoena (the " Motion to Compel "), the movant's Expedited Motion for and Order Transferring the Motion to Compel to the United States Bankruptcy Court for the Northern District of Illinois (the " Motion to Transfer "),...
MEMORANDUM ORDER Thomas P. Agresti , Judge , United States Bankruptcy Court. Presently before the Court are two motions filed by Lancer Insurance Company ("Lancer"), a Motion for Order Directing the Trustee to Abandon, or in the Alternative Proceed with, Pre-Petition Appeal ("Appeal Motion"), Doc. No. 143, and Motion for Relief from Automatic Stay (Stay Motion"), Doc. No. 145, (collectively, "the Motions"). The Motions were the subject of an argument held on August 8, 2016,...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Before the Court is Plaintiffs' Motion to Reinstate Counts Nine and Ten of Plaintiffs' Complaint Against Beyondsoft Consulting Inc. Pursuant to Federal Rules of Bankruptcy Procedure 7015 and 7016, 1 Federal Rules of Civil Procedure 15 and 16, and Local Bankruptcy Rules 7016-1 and 7008 (the "Motion") 2 and Defendant Beyondsoft Consulting, Inc.'s Memorandum in Opposition to Plaintiffs' Motion to Reinstate...
MEMORANDUM OPINION REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Jeffery A. Deller , Chief U.S. Bankruptcy Judge . I. Summary The Trustees of Conneaut Lake Park, Inc., Inc., debtor and debtor-in-possession, commenced an Adversary Proceeding on June 13, 2016, against Park Restoration, LLC, alleging breach of contract claims: Failure to Vacate the Beach Club without Damage; 1 Failure to Secure Beach Club in Commercially Reasonable Manner; 2 and Contractual Indemnity. 3 In each...
MEMORANDUM OPINION Related to Doc. No. 55 Related to Doc. No. 136 CARLOTA M. B HM , Bankruptcy Judge . The matter before the Court is Plaintiff's Motion to Alter or Amend Judgment ("Motion") filed by Craig Devon Murphy in the above-captioned case and adversary proceeding. 1 The United States filed a response thereto, and Mr. Murphy filed a reply. A hearing was held on July 15, 2016. Upon consideration of the foregoing and for the reasons stated herein, the Motion will be denied....
MEMORANDUM OPINION Jeffery A. Deller , Chief U.S. Bankruptcy Judge . The matter before the Court is a Rule to Show Cause as to Why This Case Should Not Be Dismissed. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A), (L) and (O). Because no plan payments have been made in this case, and because the proposed Chapter 13 Plan is not feasible, the Court concludes that dismissal without prejudice is warranted pursuant to 11 U.S.C. 1307(c). As such, an Order consistent...
MEMORANDUM OPINION Related to Doc. No. 1. THOMAS P. AGRESTI , Bankruptcy Judge . The Debtors/Defendants here are Arthur L. Pearsall, Jr. (who was been referred to as "Lee" by everyone, a practice the Court will likewise follow) and Tammy Pearsall ("Tammy"). Tammy and Lee have been married since 1994. In this adversary proceeding, Plaintiff Mary Pearsall ("Mary") seeks a determination pursuant to 11 U.S.C. 523(a)(2), 523(a)(4), and/or 523(a)(6) that the remaining principal loan...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The matter before the Court is the Debtor's Objection to Proof of Claim No. 7-2 Filed by Jacqueline B. Martinez ("Objection"). 1 Ms. Martinez filed a response in opposition, and an evidentiary hearing was held on June 15, 2016. Upon consideration of the Objection, response thereto, the evidence, testimony, and arguments presented at the evidentiary hearing, and for the reasons set forth herein, this Court finds that...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The above-captioned adversary proceeding was commenced by Ernest Smalis, the former spouse of the Debtor, Despina Smalis. Shortly after the filing of Mr. Smalis' Amended Complaint ("Complaint"), this Court issued an Order setting a hearing and advising that, at that time, the Court may dismiss the Complaint for the reasons set forth therein. Thereafter, two motions to dismiss, accompanied by briefs in support, were...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court upon the Motion to Dismiss Chapter 11 Case (the " Motion to Dismiss ") filed by Ruth F. Anderson and Kathy L. Anderson, as the executor of the estate of William E. Anderson (together, the " Andersons "). 1 The Motion to Dismiss requests dismissal of the above-captioned bankruptcy case pursuant to section 1112(b) of title 11 of the United States Code (the " Bankruptcy Code ")....
MEMORANDUM OPINION Related to Dkt. No. 353 GREGORY L. TADDONIO , Bankruptcy Judge . This matter is before the Court upon a Motion for Reconsideration of Order Denying Motion to Appoint Chapter 11 Trustee (the " Motion for Reconsideration ") filed by Ruth F. Anderson and Kathy L. Anderson as executor of the estate of William E. Anderson (together, the " Andersons "). 1 The Motion for Reconsideration asks the Court to revisit its February 11, 2016 Order (the " February 11 Order ")...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge . The matters before the Court are Craig Devon Murphy's Motion to Reopen Chapter 07 Case and Adversary Proceeding ("Motion to Reopen") and Motion to Recuse. 1 Within the Motion to Reopen, Mr. Murphy seeks to reopen his bankruptcy case so that he may pursue an appeal with respect to the above-captioned adversary proceeding. In opposition, the United States, the defendant in the adversary proceeding, filed a response....
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge The matter before the Court is Plaintiff's Motion to Remand ("Motion to Remand"). Steven Piper, a defendant in this proceeding as well as the debtor in the above-captioned bankruptcy case, filed a Notice of Removal commencing this adversary proceeding by removing the civil action pending in the Court of Common Pleas of Allegheny County ("State Court Action") to this Court. The Motion to Remand followed. Upon...
MEMORANDUM OPINION CARLOTA M. B HM , United States Bankruptcy Judge . The matter before the Court is the Amended Motion for Stay Pending Appeal ("Motion") filed by Rock and Marcia Ferrone, pro se (hereinafter, the "Ferrones"). 1 Responses opposing the Motion were filed by Natalie Lutz Cardiello, Esq., the Chapter 11 Trustee of the Bankruptcy Estate of Rock Airport of Pittsburgh, LLC; Trib Real Estate Company; Management Science Associates, Inc.; and Alaskan Property Management Company...
Related to AP Dkt. Nos. 1, 16, 20 1 MEMORANDUM OPINION GREGORY I. TADDONIO , United States Bankruptcy Judge Creditor Elizabeth A. Shovlin commenced this adversary proceeding to block the issuance of a discharge order in favor of the Debtors, Paul and Beth Ann Klaas in their chapter 13 bankruptcy case. Shovlin contends the Debtors are ineligible for a discharge because they failed to complete their plan payments in a timely manner and were late in submitting proof of their participation...
MEMORANDUM OPINION Related to Dkt. Nos. 285, 300 GREGORY L. TADDONIO , Bankruptcy Judge . Before the Court is the Joint Motion for Entry of an Order Staying Order Pending Appeal or, in the Alternative, Authorizing the Posting of a Supersedeas Bond to Stay the Order Pending Appeal and Granting Related Relief (the " Joint Motion ") of the Debtor, Commonwealth Renewable Energy, Inc. ("Commonwealth"), and creditors Stephen C. Frobouck ("Frobouck") and Steven Savor, Jr. ("Savor"). The...
