MEMORANDUM MAGDELINE D. COLEMAN , UNITED STATES BANKRUPTCY JUDGE . INTRODUCTION On November 30, 2015, the City of Philadelphia (the "City") filed a Notice of Appeal seeking review of this Court's Order dated November 17, 2015(the "Order"), confirming the Debtor's Revised Fifth Amended Chapter 13 Plan dated November 9, 2015 (the "Revised Fifth Amended Plan"). This Memorandum is intended to be consistent with this Court's November 6, 2015, bench ruling and is submitted pursuant to Local...
MEMORANDUM MAGDELINE D. COLEMAN , UNITED STATES BANKRUPTCY JUDGE On April 9, 2015, this Court held a hearing (the "Confirmation Hearing") to address confirmation of the Third Amended Chapter 13 plan dated January 26, 2015 [Docket No. 62] (the "Third Amended Plan"), filed by Michael G. Minor (the "Debtor"). Prior to the Confirmation Hearing, the City of Philadelphia (the "City") filed an Objection to Confirmation of the Plan dated April 2, 2015 [Docket No. 71] (the "City's Objection"). At...
CHAPTER 7 OPINION Stephen Raslavich , United States Bankruptcy Judge . I. Introduction The United States Trustee has filed two pleadings: a motion to dismiss this case under 707(b)(3) and a complaint to deny the Debtors a discharge under 727(a)(4). A hearing on both matters was held November 13, 2014. For the reasons which follow, the request for denial of discharge will be denied but the motion to dismiss the case will be granted. 1 II. Background On April 23, 2013 the...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this bankruptcy case, a condominium association filed a proof of claim asserting that it holds a claim for delinquent condominium assessments that is secured by the debtor's condominium unit. The debtor filed this adversary proceeding seeking a determination that the mortgage lien with priority over the lien held by the condominium association exceed the value of her condominium unit. The debtor's initial goal is...
OPINION STEPHEN RASLAVICH , UNITED STATES BANKRUPTCY JUDGE . Introduction The Trustee of the above estate has filed a Motion to Approve a Compromise with the Securities and Exchange Commission (SEC) under Bankruptcy Rule 9019. The Motion is opposed by Creditors FCF Credit, Inc., Tripartite LLC and Peter Frorer (the "Objecting Creditors"). A hearing on the Motion was held October 21, 2015. For the reasons which follow, the Motion will be granted. 1 Proposed Compromise The Trustee...
OPINION ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION II. FACTS A. General Structure of the Universal Network B. The Formation of the UDI-WSFS Relationship C. The Lending Relationship 1. the Business Loan Agreement 2. the Note 3. the Guaranty D. The Banking Relationship (Cash Management Services Agreement) E. The Demise of the UDI-WSFS Relationship 1. WSFS' suspicions arise 2. WSFS' discovery of and response to the "Red Notice" 3. effect of the PND...
OPINION ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this chapter 13 case, Debtor Angela P. Freeman ("the Debtor") seeks both (1) the disallowance of a proof of claim as unenforceable due to the expiration of the applicable statute of limitations; and (2) sanctions against the claimant under Fed. R. Bankr. P. 9011 for the filing of the proof of claim. The Debtor frames her request for sanctions as an attempt to protect the bankruptcy claims allowance process from...
MEMORANDUM GRANTING MOTIONS FOR SUMMARY JUDGMENT MAGDELINE D. COLEMAN , UNITED STATES BANKRUPTCY JUDGE . Before the Court for consideration are (1) a Motion for Summary Judgment filed by Marshall J. Katz (the "Katz Motion"), 1 and (2) a Joint Motion for Summary Judgment filed by Madison Capital Company, LLC and Christine C. Shubert, Chapter 7 Trustee for the Estate of Joseph Grasso (the "Joint Motion," collectively with the Katz Motion, the "Motions") 2 seeking entry of an Order...
OPINION STEPHEN RASLAVICH , Bankruptcy Judge . Introduction Apex Realty LLC has objected to the Debtor's Claim of Exemptions. The Debtor filed a Response to the Objection. A hearing on the matter was held on June 30, 2015. Following the hearing, the parties agreed to submit the matter on a stipulated record and the Court allowed the parties time to brief the issues. Upon receipt of the briefs, the Court took the matter under advisement. For the reasons which follow, the Objection will be...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION On July 13, 2013, prior to the commencement of this chapter 7 bankruptcy case, Plaintiff J & V Developers Inc. ("J & V") obtained a pre-petition state court judgment in the Court of Common Pleas, Delaware County ("the C.P. Court") against Debtor Deborah R. Malloy ("the Debtor"), for attorney's fees and costs, in the amount of $63,486.05 ("the Fee Award"). The C.P. Court entered the Fee Award pursuant to 42 Pa.C.S.A....
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Robert L. Woodard ("the Debtor") initiated this adversary proceeding against the City of Philadelphia ("the City") in 2013 after reopening his chapter 13 bankruptcy case — a case which was closed in 2006. The Debtor seeks to claw back from the City more than $36,000.00 the City received from the sale of 1015 South 18 th Street, Philadelphia, PA 19146 ("the Property"). The Debtor sold the Property to a third party...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Debtor Franklin Bennett ("the Debtor") filed a voluntary chapter 7 bankruptcy petition on April 21, 2014. Upon the Debtor's request, the case was converted to chapter 13 on May 2, 2014. (Bky No. 14-13143, Doc. # 23). On October 22, 2014, Bank of America, N.A. ("Bank of America") filed a proof of claim asserting a claim of $404,625.07 secured by the Debtor's interest in the real property located at 4712 Castor...
OPINION BY: STEPHEN RASLAVICH , United States Bankruptcy Judge . I. INTRODUCTION Movant/Debtors seek to have their bankruptcy case reopened so as to have a variety of sanctions imposed upon husband debtor's ex-wife for violation of the Debtors' 2001 bankruptcy discharge injunction. Respondent/ex-wife opposes the relief and requests an award of sanctions in her favor. A hearing was held April 22, 2015. For the reasons which follow, the Debtors' Motion will be granted in part, and...
OPINION Jean K. FitzSimon , United States Bankruptcy Judge . Before the Court are two motions (collectively the "Motions") involving the complaint ("Complaint"). Defendant, Cheshire Land Preservation Fund ("Cheshire"), moves to have the Complaint, which asserts a fraudulent conveyance claim against it under Bankruptcy Code 548(a)(1)(B), dismissed with prejudice. In contrast, plaintiff/debtor, Linda Merritt ("Debtor"), moves the Court for leave to file an amended complaint ("Amended...
OPINION ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, Plaintiffs John Larson ("Larson") and Greg Bayer ("G. Bayer") (collectively, "the Plaintiffs") requested a determination that their pre-petition claims against the Debtor, Nicholas Bayer ("N. Bayer"), are excepted from discharge under 11 U.S.C. 523(a). By order dated December 2, 2014 and entered on December 3, 2014, this court entered judgment against the Plaintiffs and in favor of N....
OPINION SUR ORDER OF FEBRUARY 4, 2015 Stephen Raslavich , United States Bankruptcy Judge . Introduction On February 4, 2015 this Court entered a bench order granting Debtor's Motion for Summary Judgment. The effect of that order was to dismiss this adversary proceeding against him. 1 On February 18, the Plaintiff filed a Notice of Appeal which was amended five days later. In accordance with L.B.R. 8001-1(b), this written opinion is filed in support of the Court's February 4 Order....
Chapter 13 MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE I. INTRODUCTION In this adversary proceeding, the chapter 13 debtor seeks to avoid a mortgage on real property by invoking the chapter 13 trustee's status as a hypothetical bona fide purchaser and avoidance power under 11 U.S.C. 544(a)(3). The debtor asserts that a bona fide purchaser may avoid the subject mortgage because the original mortgagee assigned the mortgage and the assignee did not record the assignment in the...
ORDER MAGDELINE D. COLEMAN , UNITED STATES BANKRUPTCY JUDGE AND NOW, this Court held a hearing on December 9, 2015 (the "Hearing"), to address the Motion to Amend dated November 10, 2015 [Docket No. 46] (the "Motion to Amend"), filed by Ernest O. Horn, III, Timothy F. Horn, Sr., Donald E. Eshleman, John T. Zerbe, Arnold Sumner, Jeffrey Schaum, and Edward F. McMillan (the "Pennfield Defendants"). AND, also at the Hearing, this Court addressed and granted the Motion to Approve...
ORDER Magdeline D. Coleman , United States Bankruptcy Judge AND NOW, Terry P. Dershaw, the Chapter 7 Trustee (the "Trustee"), for the Estate of Craig B. Rosen (the "Debtor"), filed a Motion for Contempt, Sanctions and to Compel Production of Documents dated September 2, 2015 [Docket No. 124] (the "Motion"). AND, pursuant to the Motion, the Trustee seeks enforcement of a Subpoena to Produce Documents dated June 25, 2015 (the "Subpoena"), and requests this Court, pursuant to its...
OPINION SUR ORDER OF APRIL 1, 2015 Stephen Raslavich , United States Bankruptcy Judge . Introduction On April 1, 2015 the Court entered a bench order granting the Plaintiff/Trustee's Motion for Summary Judgment. 1 On April 14, the Defendant/Debtor filed a Notice of Appeal. In accordance with L.B.R. 8001-1(b), this written opinion is filed to supplement the Court's bench ruling on April 1st Order. Background The Trustee filed this adversary proceeding against the Debtor seeking a...
