OPINION Honorable Ashely M. Chan , United States Bankruptcy Judge . TABLE OF CONTENTS I. Introduction ...88 II. Facts and Procedural History ...90 A. Background of High Fidelity House, Inc. ...90 1. Officers and Outside Accountant ...90 2. HiFi's Accounting Practices ...91 a. Refreshed Invoices ...92 b. Inventory Valuation ...93 c. Advanced Billing ...93 B. HiFi Commercial Loans with Fulton ...93 1. First Meeting ...94 2. Second Meeting ...94 3. Third Meeting ...95 4....
MEMORANDUM MAGDELINE D. COLEMAN , Bankruptcy Judge . Before the Court for consideration is debtor, Olga M. Ashby-Bacon's (the "Debtor") objection to Proof of Claim Number 1 (the "Objection"). Claim Number 1 (the "Claim") was filed by Debtor's mortgagee, U.S. Bank National Association, as Trustee, successor in interest to Bank One, National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp. CFSB Mortgage-Backed Pass-Through Certificates, Series 2002-30 ("U.S....
MEMORANDUM OPINION RICHARD E. FEHLING , United States Bankruptcy Judge . I. INTRODUCTION Ask a 5 th or 6 th grade school child how many days are in three months. I expect that most would tell you 90 days (which does not account for months with 28/29 or 31 days, but you get the idea). Ask that child whether 60 days equals 90 days and you would get a funny look. These simple riddles, among other hand-wringing, brow-furrowing aspects of this case, were brought out through the testimony...
ORDER RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, this 6 day of December, 2016, based on the discussion and reasons set forth in the accompanying Memorandum Opinion dated and filed today in the litigation between Plaintiff Ronald L. Heckman ("Heckman") and Reading Area Water Authority ("RAWA"), IT IS HEREBY ORDERED that JUDGMENT ON Heckman's complaint insofar as it prays for relief pursuant to Section 362(k)(1) is ENTERED IN FAVOR OF RAWA and the complaint is otherwise DISMISSED. IT...
ORDER ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . AND NOW, the Debtors' chapter 13 plan having been confirmed on October 11, 2016; AND, upon consideration of the Application for Compensation (Doc. # 90) filed by the Debtors' counsel, The Baik Law Firm ("Baik"), in which Baik requested the allowance of compensation in the total amount of $11,855.00 and the reimbursement of expenses in the amount of $42.00; AND, for the reasons stated in accompanying Memorandum; It is hereby...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION The plaintiff, Conor Corcoran ("Corcoran"), obtained a default judgment against the debtor/defendant, Brian McCabe ("Debtor"), in state court in connection with an allegedly defamatory message posted on a Myspace page. The state court subsequently held a damages hearing, in which both the Debtor and Corcoran appeared, and ultimately entered a judgment in Corcoran's favor in the amount of $75,000 and issued an...
ORDER AND NOW this 25 day of October, 2016, based upon the discussion in the accompanying Statement, IT IS HEREBY ORDERED that Plaintiffs' request for relief from the automatic stay of Section 362 is hereby DENIED as moot for the purpose of Debtor's discharge of any debt owed to Plaintiffs. IT IS FURTHER ORDERED that if Plaintiffs desire to file a claim to establish the amount of any claim against Debtor in this no-asset, no-distribution Chapter 7 case, they may do so on or before November...
STATEMENT SUPPORTING SALE ORDER DATED SEPTEMBER 30, 2016 RICHARD E. FEHLING , Bankruptcy Judge . AND NOW, this 24 day of October, 2016, upon the filing by the Chapter 7 Trustee of his motion to approve a sale of substantially all of Debtor's assets, and upon a time-sensitive hearing on the motion to approve the sale on Friday, September 30, 2016, and upon the U.S. Bankruptcy Court, along with all co-tenants in this building, experiencing a total blackout/outage of electricity that...
OPINION Ashley M. Chan , United States Bankruptcy Judge . I. INTRODUCTION The Debtor in this adversary proceeding seeks to void the second mortgage against his principal residence as wholly unsecured under 506(d) of the Bankruptcy Code. However, in order to prove this, the Debtor needed to demonstrate that the value of his residence was less than the amount of the first mortgage against his residence. The Debtor has failed to do so. As a result, the Court finds in favor of the...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this individual chapter 11 case, the debtor's confirmed chapter 11 plan provided, inter alia , that a liquidating agent would liquidate the debtor's ownership interest in several entities and distribute the proceeds to creditors in accordance with the plan. After commencement of the bankruptcy case, but prior to confirmation of the plan, two (2) of those entities made income distributions to the debtor. The...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW, WHEREAS: A. On August 15, 2016, following an evidentiary hearing, this court entered an order ("the Prior Order") (Doc. # 28) in which the court, inter alia, held South Philly Auto Sales, Inc. ("South Philly Auto") in CONTEMPT OF COURT for violation of the automatic stay, 11 U.S.C. 362(a) and the court's Order dated August 11, 2016, (Doc. # 23). B. The Prior Order granted the Debtor certain civil contempt remedies and, in...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION The United States Trustee has filed a motion under 707(a) to dismiss this case for bad faith and to bar the Debtor from refiling another bankruptcy for two years based upon the Debtor's repeated refusal to answer the Chapter 7 Trustee's questions at numerous meetings of creditors, the Debtor's refusal to produce documents requested by the Chapter 7 Trustee and to comply with the Court's subsequent order to...
OPINION ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION Alan Wolf ("the Debtor") commenced this chapter 13 bankruptcy case on February 2, 2015. His third amended chapter 13 plan ("the Plan") was confirmed on March 8, 2016. The Plan provided for a 100% distribution on all allowed claims. The Plan was funded by a number of monthly payments to the Trustee, followed by the sale of the Debtor's residential real estate. The Debtor has performed all of his obligations under the...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW, the court having held a hearing on August 23, 2016 to consider confirmation of the Debtor's Seventh Amended Chapter 13 Plan ("the Plan") (Doc. # 107), the objection thereto of Jian Zhu Lin ("Lin") and dismissal of this case under 11 U.S.C. 1307(c); 1 AND, the court concluding that the Plan is not feasible, see 11 U.S.C. 1325(a)(6); It is therefore ORDERED that: 1. Lin's objection to confirmation of the Plan is SUSTAINED. 2....
ORDER STEPHEN RASLAVICH , Bankruptcy Judge . And Now, an adversary proceeding having been filed on 7/3/2015; And counsel for the parties having notified this court that the above captioned adversary proceeding has been settled, And the parties having thirty (30) days to file any necessary motion or stipulation, or this proceeding would be dismissed pursuant to Local Bankruptcy Rule 7041.2, and being notified of such, via Order of this Court; And counsel for the parties having taken no...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION The Debtor in this proceeding purchased a condominium unit fourteen years ago and, for the past eight years, failed to consistently and timely pay monthly condominium assessments and related charges required under the condominium's governing documents. By his own admission, the Debtor also filed patently unconfirmable plans and made material misstatements regarding the Debtor's delinquency to the condominium...
MEMORANDUM MAGDELINE D. COLEMAN , UNITED STATES BANKRUPTCY JUDGE . INTRODUCTION Before this Court for consideration is the Motion to Dismiss (the "Motion") filed by Michael D. Brown and Tracey M. Brown (the "Debtors"). The Debtors seek the Court's dismissal of the First Amended Complaint (the "Amended Complaint") filed by TotalFacility, Inc. (the "Plaintiff" or "TotalFacility") requesting that the Court (1) find TotalFacility's alleged claims against the Debtors nondischargeable...
MEMORANDUM ERIC L. FRANK , CHIEF U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, the Plaintiff Robert Holber, the chapter 7 trustee ("the Trustee"), seeks to avoid certain transfers under 11 U.S.C. 548 and recover the value of the transferred property under 11 U.S.C. 550 from both the initial transferee, several alleged subsequent transferees, and the debtor. The Trustee contends that Debtor Edward Pocius ("the Debtor") and several other defendants orchestrated...
OPINION Ashely M. Chan , United States Bankruptcy Judge . TABLE OF CONTENTS I. Introduction...136 II. Facts and Procedural History...136 A. The Debtor...137 B. The Chesapeake Bank Factoring Agreement...137 C. So Real Brands, LLC...138 D. The Debtor's Assets...138 E. The Chesapeake and Federal Investigations...139 F. DiPalma and Recchia's Bankruptcies...140 G. WeVeel and Junto...140 H. Cra-Z-Art and IYA...142 I. The Debtor's Bankruptcy...143 J. The Trustee's Adversary...
ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW WHEREAS: A. The Debtors commenced this chapter 13 bankruptcy case on December 15, 2015 . B. The Debtors own residential real estate located at 12 Arbor Circle, Colmar, PA 18915 ("the Property"). C. On March 25, 2016 , the Debtor filed a motion styled as "Motion to Avoid Lien" ("the Motion") (Doc. # 28). D. In the Motion, the Debtor alleged that: (1) the value of the Property is $306,000.00 ; (2) Bayview Loan Servicing, LLC ("...
