MEMORANDUM ERIC L. FRANK, Bankruptcy Judge. I. Saxby's Coffee Worldwide, LLC ("the Debtor") filed a chapter 11 bankruptcy petition in this court on August 5, 2009. On November 2, 2009, the Debtor initiated this adversary proceeding by filing a complaint ("the Complaint") against thirteen (13) Defendants (collectively, "the Defendants"). On the same day, the Debtor filed a motion for preliminary injunction ("the Motion") and a request for an expedited hearing on the Motion. In the Complaint...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the motion ("Motion") of the defendant, WTAE-TV, for summary judgment against the plaintiff, Arthur Liebersohn, who is the Chapter 7 Trustee (the "Trustee") for the estate of the debtor, Pure Weight Loss, Inc. ("Debtor"). The Trustee filed this adversary proceeding pursuant to 11 U.S.C. 547(b) and 550(a) to avoid and recover two payments which Debtor made to WTAE-TV during the 90 day preference period (the "...
OPINION STEPHEN RASLAVICH, Chief Judge. Introduction Before the Court is the motion (the "Motion") of the Acting United States Trustee (the "Trustee") to dismiss Debtor's Chapter 7 case pursuant to 11 U.S.C. 707(a). The sole basis of the Motion is that Debtor is ineligible to receive a discharge in this bankruptcy case (the "Current Case") because she was granted a discharge in a Chapter 7 bankruptcy case which she filed in March of 2001 ("2001 Bankruptcy Case"). 1 Upon consideration,...
Memorandum Opinion STEPHEN RASLAVICH, Chief Judge. Before the Court are cross-motions for summary judgment by the plaintiff, Debra Harris-Pena ("Debtor"), and defendant, CIT Group/Consumer Finance, Inc. ("CIT"). Debtor borrowed $51,660 from CIT (the "CIT Loan") to refinance a purchase money mortgage loan which she obtained from Habana Acquisition Group ("Habana") in connection with the purchase of her home at 1949 Ashley Road, Philadelphia, Pennsylvania (the "Property"). In this adversary...
MEMORANDUM OPINION BRUCE FOX, Bankruptcy Judge. Mr. Jesse Keeler, the debtor in this chapter 13 bankruptcy case, commenced the above-captioned adversary proceeding against defendants PRA Receivables Management, LLC and Portfolio Recovery Associates, Inc. The complaint filed consists of four counts against the defendants jointly. The debtor seeks actual damages, statutory damages, attorney fees, punitive damages, and various forms of equitable relief. As will be discussed, the kernel of the...
MEMORANDUM OPINION JEAN K. FITZSIMON, Bankruptcy Judge. Before the Court is the motion ("Motion") of the Acting United States Trustee ("UST") to dismiss this Chapter 11 bankruptcy case pursuant to 11 U.S.C. 1112(b). The UST asserts that this bankruptcy case should be dismissed for the following reasons: (1) When the bankruptcy case was filed, Corinthian ("Debtor") was not registered in Pennsylvania; (2) The corporate resolution which appears on the docket authorizing the bankruptcy...
