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Recent Opinions

Hon. James K. Coachys, Chief Judge
Case Number
Case Name
Description
Code Section
Date Filed
Finance Center Federal Credit Union v. Callahan, Jr. et al
A judgment lien that arises from a "renewed" judgment does not relate back to the date of the original judgment/judgment lien.
 
01/16/2013
Finance Center Federal Credit Union v. Callahan, Jr. et al
A judgment lien that arises from a "renewed" judgment does not relate back to the date of the original judgment/judgment lien.
 
01/16/2013

Hon. Frank J. Otte
Case Number
Case Name
Description
Code Section
Date Filed
Stalker v. Pierce
Summary judgment entered in favor of Plaintiff on nondischargeability issues.
Section 523(a)(4) and (a)(6)
04/30/2013
Stalker v. Pierce
Summary judgment in favor of Plaintiff on nondischargeability issues.
Section 523(a)(4)and (a)(6)
04/30/2013

Hon. Basil H. Lorch, III
Case Number
Case Name
Description
Code Section
Date Filed
Darrell Ray Daugherty and Trudy Lynn Daugherty
Chapter 13 trustee cannot compel secured creditor to release its lien upon payment of secured claim in case where debtor is ineligible for discharge.
1325(a)(5)(B)(i)
12/19/2012
Fredin Brothers, Inc. v. Bankers Bank et al
Summary judgment is inappropriate where secured creditor of seller of cattle fails to demonstrate compliance with the Food Security Act.
7 USC 1631
10/16/2012

Hon. Robyn L. Moberly
Case Number
Case Name
Description
Code Section
Date Filed
Moore v. Ocwen Loan Servicing et al
Confirmed Plan is res judicata on both the debtor and the creditor and therefore the challenge to the validity of a mortgage and its assignment came too late; Motion to Dismiss is a 'responsive pleading' for purposes of a Motion for Default.
11 USC Section 1327(a), Fed. R. Civ. P 7, Fed. R. Bankr. P. 7007, Fed. R. Civ. P. 55, Fed. R. Bankr. P. 7055, F.R. Civ. P 12(b)(6), Fed. R. Bankr. P 7012
05/14/2013
Anthony Joseph Porter
Payments to be received by chapter 13 debtor under structured settlement agreement were not property of the estate because debtor transferred his right to such payments pre petition.
11 U.S.C. 522(f); 40 P.S. 4003; N.J.S.A. 2A:16-65 and 16-66
04/19/2013

Hon. James M. Carr
Case Number
Case Name
Description
Code Section
Date Filed
Easy Guy Auto Sales, Inc. v. Frisby et al
Judgment debt to car dealer was dischargeable
523(a)(2)(A) and 523(a)(6)
03/29/2013
Easy Guy Auto Sales, Inc. v. Frisby et al
Judgment debt to car dealer was dischargeable
523(a)(2)(A) and 523(a)(6)
03/29/2013

Hon. Anthony J. Metz, III (Retired)
Case Number
Case Name
Description
Code Section
Date Filed
Melissa Sue Hill
Court applies "Internal Revenue Service" approach in allocating joint tax refund between debtor and non debtor spouse
541
10/22/2012
James Leroy Inglis and Carol Louise Inglis
Lender that purportedly took a security interest in escrow funds, in addition to the mortgage in the debtors' primary residence did not lose their Section 1322(b)(2) protection and therefore lender's secured claim could not be crammed down.
1322(b)(2)
10/22/2012

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