motion for relief from stay
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sanctions for violation of automatic stay
stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate
§707(b) (case not dismissed)
petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages
objection to claim of property exemptions overruled
petition preparer fined and enjoined from providing further services
Lena M. James
Denial of debtor's discharge under sections 727(a)(2)(A) and 727(a)(4)(A).
Plaintiff filed a motion for summary judgment regarding an alleged fraudulent transfer regarding a check written to the Debtor. In resolving whether the Debtor had an interest in the check, donative intent presents a genuine issue of material fact, to be determined by a trier of fact. Accordingly, summary judgment is denied.
Pennsylvania Higher Education Assistance Agency d/b/a FedLoan Servicing ("PHEAA") filed motion to dismiss the complaint or alternatively to dismiss PHEAA from the adversary proceeding. PHEAA was dismissed from the adversary proceeding as it is a servicer, not an owner, of the Plaintiff's student loans.