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Recent Opinions
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Hon. James K. Coachys, Chief Judge
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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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 |
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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 |
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Hon. Frank J. Otte
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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Stalker v. Pierce |
Summary judgment entered in favor of Plaintiff on nondischargeability issues. |
Section 523(a)(4) and (a)(6) |
04/30/2013 |
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Stalker v. Pierce |
Summary judgment in favor of Plaintiff on nondischargeability issues. |
Section 523(a)(4)and (a)(6) |
04/30/2013 |
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Hon. Basil H. Lorch, III
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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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 |
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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 |
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Hon. Robyn L. Moberly
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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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 |
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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 |
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Hon. James M. Carr
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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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 |
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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 |
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Hon. Anthony J. Metz, III (Retired)
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Case Number
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Case Name
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Description
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Code Section
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Date Filed
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Melissa Sue Hill |
Court applies "Internal Revenue Service" approach in allocating joint tax refund between debtor and non debtor spouse |
541 |
10/22/2012 |
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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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