MEMORANDUM OPINION AND ORDER DENYING MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES PURSUANT TO 11 U.S.C. 503 JUDITH K. FITZGERALD, Bankruptcy Judge. Before the court is Spire Consulting Group, LLC's ("Spire") Motion for Allowance of Administrative Expenses. Spire previously filed a proof of claim alleging a "secured claim" in "quantum meruit" for services rendered to First Sealord Surety, Inc. ("First Sealord"), Debtor's surety. The motion for payment of administrative expense is based on...
MEMORANDUM ORDER THOMAS P. AGRESTI, Chief Judge. On July 17, 2012, the Defendants filed a Motion for Payment of Attorney Fees ("Motion"), Doc. No. 34. On July 20, 2012, the Plaintiff filed a Response to the Motion, Doc. No. 35. Some preliminary rulings on the Motion were made in an Order dated September 17, 2012, and an evidentiary hearing as to the remaining issues on the Motion was held on October 17, 2012. Both sides were given a full opportunity to present their cases at that...
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The matter before the Court is a Motion for Judgment on the Pleadings filed by the Defendant, the Pennsylvania Department of Revenue (the "Department"), pursuant to a Complaint to Determine Tax Liability filed by the Plaintiff, Mon View Mining Company (the "Debtor"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. The matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (B). Venue is proper...
MEMORANDUM ORDER CARLOTA M. B HM, Bankruptcy Judge. The matter before the Court is the Trustee's Complaint to Compel Turnover against the Debtor and The Huntington National Bank ("Huntington"). 1 As this Court finds that final orders entered in the bankruptcy case govern and resolve the above-captioned adversary proceeding, the relevant procedural history is provided herein as follows. The Debtor commenced her Chapter 7 bankruptcy case on February 25, 2009. The case was originally assigned...
JEFFERY A. DELLER, Bankruptcy Judge. This Memorandum Opinion constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. The matters before this Court are three jointly tried adversary proceedings commenced by Rosemary C. Crawford, Chapter 7 trustee (the "Trustee") of the estate of Zambrano Corporation (the "Debtor"), against Eugene Zambrano, III ("EZIII"), Hillcrest Development Associates, LP ("Hillcrest"), and Eugene Zambrano, Jr. ("EZJr") and his...
MEMORANDUM OPINION CARLOTA M. B HM, Bankruptcy Judge. The matter before the Court is an Objection to Discharge filed by Theodore and Barbara Haupt ("Plaintiffs"). 1 Plaintiffs assert that Brian C. Belonzi ("Debtor") is not entitled to a discharge pursuant to 11 U.S.C. 727(a)(3) and/or (5). 2 For the reasons stated herein, this Court finds that the Plaintiffs have not met their burden under either provision of 727 and the Debtor is entitled to a discharge. I. Background and...
MEMORANDUM OPINION CARLOTA M. BOHM, Bankruptcy Judge. The matter before the Court is Enterprise Bank's Complaint Objecting to Discharge of Debtor. Enterprise Bank ("Enterprise") commenced the above-captioned adversary proceeding opposing the entry of the Debtor's discharge pursuant to 11 U.S.C. 727(a)(2), (4), and (5), or alternatively, to obtain a determination that the debt owed to it is nondischargeable pursuant to 11 U.S.C. 523(a)(6). 1 For the reasons stated herein, this Court finds...
MEMORANDUM OPINION CARLOTA M. B HM, Bankruptcy Judge. The matter before the Court is a Complaint Objecting to Dischargeability of Debt Pursuant to 11 U.S.C. 523 ("Complaint"). Bridget Gaussa ("Plaintiff") contends that the debt resulting from two loans she made to Richard Crawford ("Debtor") is nondischargeable pursuant to 11 U.S.C. 523(a)(2), (4) and/or (6). For the reasons stated herein, this Court finds that Plaintiff did not meet her burden under the aforesaid provisions of 523....
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The matter before the Court consists of two motions for summary judgment on the Objection of Dr. Kiran C. Patel and Pittsburgh Grand, LLC to Claim of Shubh Hotels, LLC. The matter is a core proceeding over which this Court has subject matter jurisdiction pursuant to 28 U.S.C. 157(b)(2)(B) and 1334(b). For the reasons set forth below, the Court finds that no genuine issue of material fact exists to move the issue to trial....
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The matter before the Court is the Complaint Objecting to Discharge of Debtor (the " Complaint ") filed by Thomas T. Good (the "Plaintiff"). The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. The matter is a core matter pursuant to 28 U.S.C. 157(b)(2)(A), (J) and (O). This Memorandum Opinion constitutes this Court's findings of fact and conclusions of law pursuant to Fed. R. Bankr.P. 7052. Having considered...
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The matter before the Court is a complaint seeking a determination of whether certain attorney's fees due and payable in connection with a child custody case constitute a non-dischargeable domestic support obligation pursuant to 11 U.S.C. 523(a)(5). The parties have cross filed motions for summary judgment with respect to the adversary complaint, and this matter is a core proceeding over which this Court has subject-matter...
MEMORANDUM ORDER THOMAS P. AGRESTI, Chief Judge. This case originated in the Allegheny County Court of Common Pleas and was removed here by the Defendants on January 26, 2012. Very briefly, the Complaint alleges that the Defendants, who were retained by the Chapter 7 Trustee to assist in the marketing of some real estate, misrepresented the zoning status of the property to the detriment of the Plaintiff. Presently at issue are a Motion to Dismiss filed by the Defendants at Doc. No. 5 and...
MEMORANDUM OPINION CARLOTA M. B HM, Bankruptcy Judge. The matters before the Court are (1) the Notice of Removal commencing the above-captioned adversary proceeding, (2) the Emergency Joint Motion to Remand and Request for Expedited Hearing ("Motion to Remand"), (3) the Emergency Joint Motion to Dismiss the Chapter 11 Voluntary Petition Filed by Laurel Highlands Foundation, Inc. and Request for Expedited Hearing ("Motion to Dismiss"), and (4) the Emergency Joint Motion for Relief from...
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The primary matter before the Court is Defendant JPMorgan Chase Bank, N.A.'s Motion to Dismiss Plaintiffs' Complaint (the " Motion to Dismiss "), seeking dismissal of all but two Counts asserted in the adversary complaint filed on December 24, 2010 (the " Complaint "). Also before the Court is a Motion to Request Derivative Standing to Exercise Trustee's Powers Under 544, 547, and 548 Nunc Pro Tunc (the " Motion for...
MEMORANDUM OPINION CARLOTA M. B HM, Bankruptcy Judge. The matter before the Court is Karl M. Pogonovich's Motion for Summary Judgment in the above-captioned adversary proceeding seeking a determination of nondischargeability pursuant to 11 U.S.C. 523(a)(2)(A). 1 Pogonovich contends that a default judgment entered in his favor against the Debtor in the Court of Common Pleas of Washington County, Pennsylvania should be given preclusive effect in this nondischargeability proceeding. For the...
MEMORANDUM OPINION CARLOTA M. B HM, Bankruptcy Judge. The above-captioned adversary proceeding was commenced by Plaintiffs pursuant to 11 U.S.C. 523(a)(6). Plaintiffs allege that their claims are for willful and malicious injury caused by the Debtor and are therefore nondischargeable. The matter presently before the Court began as Debtor's Motion to Dismiss Complaint Pursuant to F.R.C.P. 12(b)(6) and Bankruptcy Rule 7012 ("Motion to Dismiss"). Subsequently, Debtor sought the opportunity to...
MEMORANDUM and ORDER of COURT JEFFERY A. DELLER, Bankruptcy Judge. The matter before the Court is the Respondent's Motion to Dismiss Baha's Web, Inc. as to Movant's Motion to Enforce and/or Motion to Compel Filing of Adversary Proceeding ("Motion to Dismiss"), filed by Baha's Web, Inc. ("Baha"). Through this motion, Baha is seeking to dismiss the Expedited Motion to Enforce Order Approving Sale of Property of the Estate Free and Clear of All Liens and Encumbrances ("Motion to Enforce")...
MEMORANDUM OPINION JEFFERY A. DELLER, Bankruptcy Judge. The matters before the Court are dueling motions for summary judgment. One Motion for Summary Judgment is jointly filed by the Plaintiff, ARDI Limited Partnership ("ARDI"), and the Debtor/Third Party Defendant, River Entertainment Co. ("River Entertainment"). Pursuant to their Motion for Summary Judgment, the movants seek the entry of an order granting ARDI's complaint for conversion of certain assets. Defendant/Third Party...
MEMORANDUM OPINION Doc. No. 16 Doc. No. 19 JEFFERY A. DELLER, Bankruptcy Judge. Before the Court are a Motion to Dismiss filed by 1200 Buena Vista Condominiums (the "Association") and a Motion to Extend the Automatic Stay filed by Mr. Bradley J. Young (the "Debtor"). Also before the Court, by implication, is Adversary Proceeding No. 11-2606-JAD (the "Adversary Proceeding") commenced by the Debtor seeking to modify or avoid a lien held by the Association against a certain...
MEMORANDUM OPINION BERNARD MARKOVITZ, Bankruptcy Judge. AND NOW, this 16th day of March, 2012, upon consideration of the adversary complaint filed by David Ivory, Ivory Entertainment, LLC, and Ivory Productions, Inc. (hereafter collectively "Ivory"), wherein Ivory (a) objects to the entry of the Chapter 7 discharge of Danielle Barbe, the above-captioned debtor (hereafter "the Debtor"), pursuant to 11 U.S.C. 727(a)(2)-(4), and, alternatively, (b) seeks a determination that his claim is...
