ORDER MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . AND NOW, upon the Defendants' Motion to Dismiss Adversary Complaint or, in the Alternative, to Abstain (the "Motion to Dismiss") 1 in the above-captioned adversary proceeding. AND, the Court having considered the Complaint, the Motion to Dismiss and the briefs and arguments in support and in opposition of the Motion to Dismiss. AND, this Court having jurisdiction to consider the relief requested by the Motion to Dismiss in...
OPINION Magdeline D. Coleman , Chief U.S. Bankruptcy Judge . I. INTRODUCTION On April 8, 2016, this Court entered an Opinion and Order that, inter alia, granted the Defendants' 1 Motion to Dismiss Adversary Complaint or, in the Alternative, Abstain (the "Motion to Dismiss") 2 and dismissed Counts II, III, and IV of the Complaint, which are the Plaintiff's 3 claims against the Defendants under 544, 548, and 550 of the Bankruptcy Code 4 and the Pennsylvania Uniform...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, Plaintiff Geraldine Bernadin ("the Debtor"), a chapter 13 debtor, seeks the entire or partial disallowance of a proof of claim ("the POC") filed by Defendant U.S. Bank National Association ("U.S. Bank"). The Debtor also seeks affirmative relief under the Fair Debt Collections Practices Act ("the FDCPA"), 15 U.S.C. 1692 et seq. U.S. Bank holds the mortgage on the Debtor's residential...
MEMORANDUM OPINION JEAN K. FITZSIMON , Bankruptcy Judge . Introduction The Plaintiff has sued the Debtor to revoke the discharge granted him. The Debtor now moves for dismissal of the complaint under F.R.C.P. 12(b)(6). 1 For the reasons which follow, the Motion will be granted. 2 Ground for Dismissal The Defendant's motion offers two reasons why the Complaint should be dismissed. First, the request is precluded by this Court's denial of an earlier motion to revoke filed in the main...
MEMORANDUM MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . I. INTRODUCTION On March 11, 2019, John Sosalski and Rachel Sosalski (the "Sosalskis") and Northeast Builders LLC ("Northeast Builders," and together with the Sosalskis, the "Plaintiffs") filed the Complaint Objecting to Dischargeability of Debt (the "Complaint") 1 against James A. Melasecca, Jr. (the "Debtor Defendant"), seeking (i) a determination that the alleged debts owed by the Debtor Defendant to the Plaintiffs are...
MEMORANDUM OPINION SUR MOTIONS TO DISMISS JEAN K. FITZSIMON , Bankruptcy Judge . Introduction Before the Court are three Motions to Dismiss the above captioned adversary proceeding. They were filed by three subsets of Defendants. The Plaintiffs have filed a Response to one of the motions. For the reasons which follow, the Motions will be disposed of as follows: • The Motion of Assurant, Inc., Assurant Specialty Property, and American Security Insurance Company (Assurant) will be...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, Philadelphia Gas Works ("PGW"), a municipally owned gas utility in Philadelphia, seeks to have this Court determine that the $8,982.03 unsecured obligation owed to PGW by Debbie Esola ("Debtor"), on account of unbilled gas usage at her residence, is nondischargeable pursuant to 11 U.S.C. 523(a)(2), 523(a)(4), or 523(a)(6). Because the Court finds that the Debtor fraudulently intended...
AMENDED MEMORANDUM ERIC L. FRANK , Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, Plaintiff Geraldine Bernadin ("the Debtor"), a chapter 13 debtor, seeks the entire or partial disallowance of a proof of claim ("the POC" or "the Claim") filed by Defendant U.S. Bank National Association ("U.S. Bank"). The Debtor also seeks affirmative relief under the Fair Debt Collections Practices Act ("the FDCPA"), 15 U.S.C. 1692 et seq. U.S. Bank holds the mortgage on the Debtor's...
OPINION Ashely M. Chan , United States Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, the debtor, Arlene J. Hawkins ("Debtor"), seeks a determination that the second mortgage against her principal residence is wholly unsecured pursuant to 11 U.S.C. 506(a), because the first mortgage on her principal residence exceeds the property's value. As set forth below, the Court finds that the Debtor has established that the unpaid balance on the Debtor's first mortgage exceeds...
AMENDED MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION In this adversary proceeding, Plaintiff Geraldine Bernadin ("the Debtor"), a chapter 13 debtor, seeks the entire or partial disallowance of a proof of claim ("the POC" or "the Claim") filed by Defendant U.S. Bank National Association ("U.S. Bank"). The Debtor also seeks affirmative relief under the Fair Debt Collections Practices Act ("the FDCPA"), 15 U.S.C. 1692 et seq. U.S. Bank holds the mortgage on the...
MEMORANDUM By: Magdeline D. Coleman , Chief United States Bankruptcy Judge . I. INTRODUCTION Before the Court for consideration in the bankruptcy case of Satina Sheed (the "Debtor") is the Debtor's objection (the "Claim Objection") 1 to the amended proof of claim (the "Amended Claim") 2 filed by U.S. Bank National Association ("U.S. Bank") as trustee for the Pennsylvania Housing Finance. Agency ("PHFA," and together with U.S. Bank and the Debtor, the "Parties"). The Court held an...
OPINION Jean K. FitzSimon , United States Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, which has a long and contentious history, the Plaintiff, American Asset Finance, LLC ("AAF") seeks to hold a debt owed to it by Lawrence F. Feldman (the "Debtor" or "Feldman") nondischargeable pursuant to section 523 of the Bankruptcy Code. The debt at issue arises from a state court judgment in the Plaintiff's favor regarding AAF's funding of Feldman's class action lawsuit...
ORDER DIRECTING EMPLOYER TO MAKE WAGE DEDUCTION FOR REMITTANCE TO STANDING TRUSTEE ERIC L. FRANK , Bankruptcy Judge . TO THE DEBTORS EMPLOYER: The future earnings of the above named debtor are subject to the continuing supervision and control of the Court for the purpose of enforcing and carrying out the debtor's plan. IT IS THEREFORE ORDERED that the employer of the debtor shall deduct from the wages of the debtor, beginning with the next pay period after receipt of the Order the sum of...
ORDER JEAN K. FITZSIMON , Bankruptcy Judge . AND NOW, this 22nd day of August , 2019, upon consideration of the Objection of the Debtor to Proof of Claim Number 7, filed by LVNV Funding, LLC, Resurgent Capital Services, it is hereby: ORDERED AND DECREED that the Proof of Claim Number 7 on the claims register in the instant bankruptcy matter is STRICKEN disallowed. Further Ordered.
MEMORANDUM MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . I. INTRODUCTION Before the Court for consideration are two separate matters in the bankruptcy case of Robert L. Higgins (the "Debtor" or the "Defendant"). First, is the Debtor's objection to the proof of claim (the "Claim Objection") filed by William Workman ("Workman"). Second, is the adversary action filed by Workman, seeking a determination that the Debtor's debt to Workman is nondischargeable (the "Nondischargeability Action")...
MEMORANDUM By: Magdeline D. Coleman , Chief United States Bankruptcy Judge . I. INTRODUCTION Before the Court for disposition are two separate matters in the bankruptcy case of Marc S. Antonucci (the "Debtor"). First, the Debtor seeks to avoid a judgment lien (the "Lien Avoidance Motion") 1 in favor of Provident Bank ("Provident," and together with the Debtor, the "Parties") in the amount of $7,391,404.88 pursuant to 522(f) of the Bankruptcy Code, 11 U.S.C. 101, et seq. (the "...
ORDER MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . AND NOW, upon consideration of (i) the Nondischargeability Action 1 , and (ii) the Lien Avoidance Motion, and for the reasons set forth in the accompanying Memorandum, It is hereby ORDERED that: 1. Judgment is entered in favor of Provident in the Nondischargeability Action. 2. The Debtor is denied a discharge pursuant to 11 U.S.C. 727(a)(2). 3. The Court shall hold a status hearing on the Lien Avoidance Motion with respect to...
MEMORANDUM ERIC L. FRANK , UNITED STATES BANKRUPTCY JUDGE . I. INTRODUCTION In this chapter 13 case, Origen Capital Investments II, LLC ("Origen") filed an amended proof of claim on January 29, 2019 ("the Proof of Claim") in which it asserts that it holds a general unsecured claim of $50,529.18 ("the Claim"). The Claim is based on a personal guaranty ("the Guaranty") signed by Debtor, Finny George ("the Debtor"). The Debtor filed an objection to the Proof of Claim ("the Objection") (Doc....
ORDER DISMISSING CHAPTER 13 CASE ASHELY M. CHAN , Chief Bankruptcy Judge . AND NOW, after notice and hearing, it is ORDERED that the case is dismissed. IT IS FURTHER ORDERED that any undisbursed funds held by the Chapter 13 Trustee from payments made on account of the Debtor(s) plan shall be refunded to the Debtor unless a party files a Motion for Alternative Disbursement within 21 days of the date of this Order. IT IS FURTHER ORDERED that any wage order entered in this case is hereby...
MEMORANDUM ERIC L. FRANK , U.S. BANKRUPTCY JUDGE . I. INTRODUCTION On June 22, 2016, Joseph Q. Mirarchi Legal Services, P.C. ("MLS"), a law firm in which Joseph Q. Mirarchi ("Mirarchi") was the sole practitioner, filed a motion ("the Motion") ("Doc. 581") seeking payment of $113,400.00 that has been placed in the bankruptcy court clerk's registry ("the Escrowed Funds"). The Escrowed Funds constitute thirty-five percent (35%) of the settlement proceeds of a state court lawsuit ("the C.P....
