Opinions:

 

The NCMB offers a database of opinions for the years 2000 onward, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Denial of debtor's discharge under sections 727(a)(2)(A) and 727(a)(4)(A).

Discharge/Dischargeability, Published Yes

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.

Summary Judgment, Published No

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.

Dismissal, Published No

Two counts of the complaint, seeking determination of nondischargeability of debt pursuant to sections 523(a)(2)(A) and 523(a)(6), were untimely filed and dismissed.

Discharge/Dischargeability, Published No

Debtor objected to attorney's fees and expenses included in the claim of an oversecured creditor. Objection overruled under §506(b).

Claims, Published No

Plaintiff alleged violation of discharge injunction and state law violations. Defendant filed motion to dismiss. Court granted motion to dismiss as to state law claims on grounds of preemption and lack of jurisdiction. 

Jurisdiction, Published No

Debtors converted their Chapter 13 case to a Chapter 7.  Certain of  the funds held by the Chapter 13 Trustee were pursuant to an agreement not to pursue a preference claim against the male Debtor's parents under sections 547 and 550 of  the Bankruptcy Code.  The source of these funds collected were postpetition wages.  The Debtors agreed to have $3,600 remitted directly to the Chapter 7 Trustee in contemplation of the preference agreement.  The Court declined to find that the funds collected but not disbursed were prepetition property .  Under the recent Supreme Court decision, Harris v. Viegelahn, _U.S._, 135 S.Ct. 1829 (2015) postpeitition wages were to be remitted to the Debtors, but in this instance funds were remitted directly to the Chapter 7 Trustee in light of the Debtors' agreement.

Conversion, Published No

The objection of Earl Pickett to the administrative claim of Bryant-Durham Services, Inc. for services performed on the Debtor's property was overruled.

Administrative Expenses, Published No

The Court confirmed the Debtor's Chapter 13 Plan over the objection of her ex-spouse.  The fact that the Plan would result in the elimination of a $57,620 divorce-related debt did not by itself show lack of good faith.

Chapter 13 Plans, Published Yes

The Debtors originally filed a Chapter 13 case and their plan was confirmed.  The Debtors then converted their case to a Chapter 7.  Following the filing of the Bankruptcy Administrator's motion to deny the male Debtor a discharge pursuant to Bankruptcy Code section 727(a)(8), the Debtors filed a motion to reconvert their case back to Chapter 13.  It is within the Court's discretion to allow or disallow a reconversion of a case from chapter 7 back to Chapter 13.  However, in this case, the Debtors failed to demonstrate any facts which would persuade the Court to exercise its discretion to allow reconversion of their case.

Conversion, Published No

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