Case law

FELDMAN v. Lynch, Jr.

United States Bankruptcy Court, E.D. Pennsylvania · May 16, 2025

Sometime during or prior to 2003, McGowan assisted in preparing a “non-qualified deferred compensation/retirement plan” for both executives. 15. … Bederson Adjustments With the appropriate premise of value established, it is necessary to decide whether the Bederson adjustments in the insolvency analysis were proper.

Vascular Access Centers, L.P.

United States Bankruptcy Court, E.D. Pennsylvania · Jun 25, 2021

A judge's ordinary efforts at courtroom administration—even a stern and short-tempered judge's ordinary efforts at courtroom administration—remain immune. … expressions of impatience, dissatisfaction, annoyance, and even anger do not establish impartiality or bias.

Marshall v. Abdoun

United States Bankruptcy Court, E.D. Pennsylvania · Dec 21, 2021

getting into a payment arrangement; and the Debtor’s ability to resolve her real estate tax delinquency on terms acceptable to the City.4 Ultimately, the 4 While the Court recognizes that the Debtor could have possibly qualified … In the instant case, the first and third factors are met because the Debtor clearly lost in the state court action brought by the City to recover delinquent real estate taxes and the Decree, which constitutes a judgment

Zipporah Legarde

United States Bankruptcy Court, E.D. Pennsylvania · Sep 14, 2023

Helali’s position that the Debtor does not have regular income and does not qualify for Chapter 13, the Debtor’s counsel, 1 This claim was amended on May 11, 2023, to change the creditor’s contact phone number. … Although there is no language regarding what would occur in the event of default or the need to cure a default, the Court finds this is of no moment because the parties clearly intended to enter into the Settlement Term

Scungio Borst and Associates LLC

United States Bankruptcy Court, E.D. Pennsylvania · Aug 4, 2023

In order to establish a claim pursuant to §362(k)(1), the moving party must show by a preponderance of the evidence that (1) the creditor violated the automatic stay; (2) the violation of the stay was willful; and (3) the … The Third Circuit has adopted a broad interpretation of the term "individual" for purposes of qualifying to recover compensatory damages under § 362(k)(1).