Case law

Tepes v. Sage

United States Bankruptcy Court, E.D. Pennsylvania · Jun 15, 2022

In other words, qualifying restitution and fines under §523(a)(7) may be “protected from discharge.” Id. at 43. … Sept. 28, 2020) (“The term ‘actual pecuniary loss’ clearly connotes measurable damages from particular instances of wrongdoing.”) (citation omitted).

In re Soppick

516 B.R. 733 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 28, 2014

The bankruptcy appellate panel held that this proposal clearly violated the confirmation provision of section 1325(a)(5)(B)(iii)(I). … They then proposed an initial chapter 13 plan, primarily to address the Borough’s claim, which plan proposals was clearly not con-firmable.

Brown v. Death Row Records, Inc. (In Re Brown)

219 B.R. 373 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 28, 1998

In light of ambiguities in the contracts, all of which we must construe against the Defendants, as drafters of adhesion contracts; gaps in recordkeeping which even eminently-qualified experts could not totally resolve; and … Nothing in that paragraph suggests that it is meant strictly as a limitation on DRR’s liability, although DRR clearly could have put language into it which would have so provided.

In Re Northwest 15th Street Associates

435 B.R. 288 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 26, 2010

These findings establish that “cause” exists for relief from the automatic stay under 11 U.S.C. § 362 (d)(1). An order consistent with this Memorandum was entered on August 26, 2010. … I qualify the statement in the text because it is possible that if the Debtor made only a partial payment on an invoice, the parties might disagree as to whether the Debtor’s partial payment of an invoice should be allocated

Ryan Kerwin & Xtreme Caged Combat v. Rosenblum

United States Bankruptcy Court, E.D. Pennsylvania · May 3, 2022

Kerwin also struggles to clearly identify the relevant facts upon which the Recusal Motion is based. … A judge's ordinary efforts at courtroom administration—even a stern and short-tempered judge's ordinary efforts at courtroom administration—remain immune.

Spectrum Alliance, LP

United States Bankruptcy Court, E.D. Pennsylvania · Jan 24, 2022

The Court is unclear as to what admission the Plan Administrator is referring, particularly in light of the fact that the Pension clearly contests the argument that its Investment was not in a security as defined by §101 … That is not the case here, however, as the LP Agreement clearly contemplated a distinction between the Class PE Partner and the Limited Partner. 59 Continued Hearing Audio Recording, at 12:39 p.m.

Frank J. Badolato, Jr.

United States Bankruptcy Court, E.D. Pennsylvania · Jul 25, 2022

the Petition Date and credible testimony regarding the condition of the Property, both pre- and post-purchase, and his testimony regarding one comparable residential property,20 are all sufficient to meet his burden and establish … Ryan does not explain clearly in the Appraisal what this adjustment was intended to address.

Harris-Pena v. CIT Group/Consumer Finance, Inc. (In Re Harris-Pena)

446 B.R. 178 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 13, 2009

It establishes a maximum lawful rate of interest for residential mortgages that are covered by the Act. 41 P.S. §§ 201 & 301. … They clearly made an effort to address the situation (through the Mortgage Subordination Agreement and the $15,000 Mortgage that was drafted but never executed).

Fledderman v. Glunk (In Re Glunk)

455 B.R. 399 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 11, 2011

A creditor may also succeed in establishing that a debt is nondischargeable under § 523(a)(2)(A) by proving that the debtor failed to disclose a material fact. … In addition, I find that the Plaintiffs did not establish the element of reliance on the misrepresentation. I do not believe that either Amy or Mrs.

Novartis Pharmaceuticals Corporation v. Adesanya

United States Bankruptcy Court, E.D. Pennsylvania · Jul 14, 2021

Id. 9 Common law fraud must be established by clear and convincing evidence. … Accordingly, they are established by collateral estoppel.

Joseph Walker

United States Bankruptcy Court, E.D. Pennsylvania · Jan 8, 2021

It did not contain any specific counts, nor did it recite any facts that would have established a basis for relief under applicable bankruptcy law. … Here, the allegations related to Debtor’s opening of the door to Plaintiff's home which, at most, qualified as an act that led to a most unfortunate injury at the hands of third parties.

East Penn Children's Learning Academy, LLC

United States Bankruptcy Court, E.D. Pennsylvania · Dec 3, 2021

Rent Cap is a limiting principle, not a formula for calculating damages To start, we must take into account the well-established principle that the Rent Cap seeks to limit rather than determine the amount of a creditor … The Claim is listed on the Claims Register in the amount of $12,320.00 and, given that any remaining amounts are clearly a duplication of Claim 3, I will assume that Proof of Claim 2 states a priority, allowed claim for

East Penn Children's Learning Academy, LLC

United States Bankruptcy Court, E.D. Pennsylvania · Dec 3, 2021

Rent Cap is a limiting principle, not a formula for calculating damages To start, we must take into account the well-established principle that the Rent Cap seeks to limit rather than determine the amount of a creditor … The Claim is listed on the Claims Register in the amount of $12,320.00 and, given that any remaining amounts are clearly a duplication of Claim 3, I will assume that Proof of Claim 2 states a priority, allowed claim for

Liebersohn v. Ali (In Re Fineberg)

202 B.R. 206 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 1, 1996

In that regard, it has long been established in Pennsylvania that the law of the forum state “determines the time within which a cause of action shall be commenced.” … However, the instant federal bankruptcy court is clearly within the scope of a “Federal Court,” and is in fact a unit of the district court.

Menges v. Collins

United States Bankruptcy Court, E.D. Pennsylvania · Oct 7, 2021

As stated, injuries inflicted recklessly or negligently do not qualify as willful. In re Fleisch, 543 B.R. 166, 171 (Bankr. M.D. Pa. 2015) (citing Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998)). … Guilty pleas may also establish elements of nondischargeability in bankruptcy proceedings if facts supporting the guilty plea are identical to those needed to establish nondischargeability. Swarcheck v.

Whitehall Manor, Inc.

United States Bankruptcy Court, E.D. Pennsylvania · Aug 26, 2026

The Debtors Are Not Collaterally Estopped from Prosecuting the Motions A party asserting the preclusive effect of a prior federal ruling must establish that: (1) the issue to be precluded is identical to one involved … Plush qualify as experts under Federal Rule of Evidence 702. The Court finds both appraisers to be well qualified; their testimony was credible and elucidating. Moreover, the Appraisals are both state of the art.

In Re Harris Agency, LLC

451 B.R. 378 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 3, 2011

It is well established that the disclosure requirements are not discretionary; that is, “[t]he professional cannot pick and choose which connections to disclose.” … The Court notes that Winterhalter, instead of assisting the Debtor in obtaining new counsel, essentially ignored the Disqualification Order-which clearly and immediately disqualified the Firm in this case as of May 10, 2010

Body Transit, Inc. D/B/A Rascals Fitness

United States Bankruptcy Court, E.D. Pennsylvania · Aug 7, 2020

companies that provide a reasonable basis for comparison to the relevant characteristics of the company being valued and various quantifiable facts,” after which “derived ratios are applied to the subject company in order to establish … Section 1111(b)’s use of the adjective “inconsequential” to modify the noun “value” clearly implies that the interest contemplated does not have to be zero.

Body Transit, Inc. D/B/A Rascals Fitness

United States Bankruptcy Court, E.D. Pennsylvania · Aug 7, 2020

companies that provide a reasonable basis for comparison to the relevant characteristics of the company being valued and various quantifiable facts,” after which “derived ratios are applied to the subject company in order to establish … Section 1111(b)’s use of the adjective “inconsequential” to modify the noun “value” clearly implies that the interest contemplated does not have to be zero.

Faulkner v. M&T BANK

United States Bankruptcy Court, E.D. Pennsylvania · Apr 28, 2020

It is well established that there are three (3) ways in which a party may establish the right to enforce a negotiable instrument: 1. … Because the Debtor was qualified, the Debtor asserts that M&T had no right to make a demand for payments in order to make such a determination.