MEMORANDUM OPINION Jeffery A. Deller , Chief U.S. Bankruptcy Judge . This adversary proceeding is a civil action that was removed to this Court from the Court of Common Pleas of Crawford County, Pennsylvania. This adversary proceeding seeks a declaratory judgment regarding the relative rights of the Trustees of Conneaut Lake Park, Inc. (the "Debtor"), Park Restoration, LLC (the "Plaintiff") and certain tax creditors of the Debtor (specifically Summit Township, Crawford County, the Tax...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . In November 2006, Bill and Ruth Anderson advanced over $7 million to Commonwealth Renewable Energy, Inc., a venture created by Bill Anderson and his colleagues, Steven Savor and Stephen Frobouck, to develop an ethanol production facility in Western Pennsylvania. After the project failed to materialize, the Andersons 1 pursued an action in mortgage foreclosure to recover the amounts due under a judgment note,...
MEMORANDUM OPINION Thomas P. Agresti , Judge , United States Bankruptcy Court. Presently before the Court for decision following an extensive hearing, briefing, and argument is the Motion for Preliminary Injunction ("Motion") filed by the Plaintiff, Honeywell International, Inc. ("Honeywell") on July 13, 2015 at Doc. No. 63. For the reasons that follow, the Court finds that the Motion will be denied. Additionally, although none of the Parties have raised it, as expressed at the...
MEMORANDUM OPINION Doc. No. 16. JEFFERY A. DELLER , Bankruptcy Judge . The matter before the Court is a Motion to Remand and/or Abstention filed by the Debtor and Plaintiff herein, Castle Cheese, Inc., against one of its secured creditors and the Defendant herein, FirstMerit Bank, N.A. For the reasons set forth below, the motion is denied. I. On or about May 30, 2014, Castle Cheese, Inc. (the "Debtor") commenced this bankruptcy case by filing a voluntary petition for relief under...
MEMORANDUM OPINION Carlota M. B hm , United States Bankruptcy Judge The above-captioned adversary proceeding was commenced by the filing of Defendants' Notice of Removal by Clark Hill Thorp Reed, William C. Price, Michael H. Wojcik (collectively referred to as "Clark Hill") and Huntington Bancshares, Inc. ("Huntington," together with Clark Hill, the "Defendants"). The matter presently before the Court is the Motion to Remand Case filed by Rock Ferrone and Marcia Ferrone (together, "...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the Plaintiffs' Second Amended Complaint to Determine Dischargeability of Debt Under 11 U.S.C. 523 [Doc. No. 48] (the " Complaint "). In the Complaint, Karen, George, and Brendan Sibbet (collectively, the " Sibbets ") seek to except from Marc Presutti's bankruptcy discharge certain debts related to his management of the Superior Specialty Company Profit Sharing Plan (the " Plan...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge The matter before the Court is the Motion to Dismiss Complaint Against Trustee (the "Motion") filed by one of the Defendants, Lisa M. Swope, Esquire, the Chapter 7 Trustee of the Bankruptcy Estate of J & S Properties, LLC) (the "Trustee"). By the Motion, the Trustee seeks to have the complaint against her dismissed on the grounds of quasi-judicial immunity. For the reasons more fully expressed below, the Court finds...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge The matter before the Court is a Complaint Objecting to Discharge of a Debt (the "Complaint") filed by Kimberly Price (the "Plaintiff") against James W. Price (the "Defendant"). The matter is a core proceeding over which the Court has subject matter jurisdiction pursuant to 28 U.S.C. 157(b)(2)(i) and (j). For the reasons set forth more fully below, the Court denies the discharge of the Defendant's debts owed to the...
MEMORANDUM OPINION Related to Doc. No. 664 CARLOTA M. B HM Bankruptcy Judge . The matter before the Court is Movant's, OptimumBank's, Motion to Enforce Stipulation ("Motion") wherein Movant requests that this Court enforce a previously entered confirmation order and stipulation to compel Debtor-Respondent, Buena Vista Oceanside, LLC, to dismiss counterclaims filed against Movant in separate litigation. Debtor counters, in part, that the within Court lacks jurisdiction to decide the...
MEMORANDUM OPINION Related to Doc. No. 244 Related to Doc. No. 48 CARLOTA M. B HM , Bankruptcy Judge . The matter before the Court is the Motion for Reconsideration from Order of Court Motio(s) [sic] Denied for Reasons Set Forth in the Court's Memorandum Opinion Entered in the Above-Captioned Bankruptcy Case ("Motion for Reconsideration") filed by Ernest Smalis. 1 Therein, Mr. Smalis seeks reconsideration of this Court's Order dated July 7, 2015 ("July 7th Order") denying Plaintiff...
MEMORANDUM OPINION CARLOTA M. B HM , Bankruptcy Judge . The matter before the Court is the Motion for Reconsideration from Order of Court Motion Denied for Reasons Set Forth in the Court's Memorandum Opinion Entered in the Above Captioned Bankruptcy Case ("Motion for Reconsideration") 1 filed by Ernest Smalis. 2 Therein, Mr. Smalis seeks, inter alia, reconsideration of this Court's Order entered on July 7, 2015, denying his Motion for Leave to File Civil Adversary Action Against...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge . The matter before the Court is the Motion for Summary Judgment filed by the Plaintiff, Maria A. Aiello, regarding her Complaint to Determine Dischargeability Pursuant to 11 U.S.C. Section 523(a)(4) and/or (6). The Plaintiff, Ms. Aiello, seeks a determination by way of summary judgment that the debt owed by the Debtor, David J. Aiello, is nondischargeable. This matter is a core proceeding over which the Court has the...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge . The matter before the Court is a motion filed by the Debtor-Plaintiff, titled as a "Request for New Hearing and Objection to Entrance of Judgment" (the "Motion for Relief"). The genesis of the Motion for Relief is the failure of the Plaintiff and her legal counsel to appear at the duly scheduled trial of this Adversary Proceeding, and the Debtor-Plaintiff's discontent with an adverse judgment resulting from her failure...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . This case presents the question of whether a debtor must fully and completely perform all obligations under a confirmed chapter 13 plan within a 60-month time limit, after which any curative payment is precluded. After 60 months elapsed in this bankruptcy case, the Debtors needed an additional $1,123 to complete the funding of their chapter 13 plan. Although the Debtors subsequently provided the necessary payment,...
Chapter 11 Related to Doc. Nos. 231, 232 & 271 MEMORANDUM OPINION Jeffery A. Deller , Chief U.S. Bankruptcy Judge The dueling motions before the Court consist of an Expedited Motion to Enforce Settlement (the "Motion to Enforce Settlement"), an Amended Expedited Motion for Relief From Stay (the "Motion for Relief From Stay"), and an Amended Expedited Motion for Appointment of Chapter 11 Trustee (the "Motion to Appoint Trustee"). With respect to the Motion to Enforce...
ORDER Thomas P. Agresti , Judge , United States Bankruptcy Court. AND NOW, this 16th day of December, 2015, for the reasons set forth in the Memorandum Opinion filed this date at Doc. No. 265, it is ORDERED, ADJUDGED and DECREED that, (1) The Motion for Preliminary Injunction ("Motion") filed by the Plaintiff on July 13, 2015, at Doc. No. 63, is DENIED without prejudice. (2) On or before January 13, 2016, the Defendant shall file its Answer or other response...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief U.S. Bankruptcy Judge . The matter before the Court is a Motion to Remand and/or Abstention filed by the Debtor and Plaintiff herein, Castle Cheese, Inc., against one of its secured creditors and the Defendant herein, FirstMerit Bank, N.A. For the reasons set forth below, the motion is denied. I. On or about May 30, 2014, Castle Cheese, Inc., (the "Debtor") commenced this bankruptcy case by filing a voluntary petition for relief under...
