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Summary: 22 B.R. 964 (1982) In re HOTEL ASSOCIATES, INC., Stanton R. Miller, Robert B. Miller, a partnership, "the Drake", Debtors. David W. MARSTON, Esquire, Trustee, Plaintiff, v. HOTEL ASSOCIATES, INC., Stanton R. Miller, Robert B. Miller, Charles F. Williard, Father Constantinos Pappas Evangelismos Greek Orthodox Church and John N. Davis, Jr., Defendants.


Summary: 128 B.R. 102 (1991) In re MORNINGSTAR ENTERPRISES, INC. t/a Mongolian Pavilion, Debtor. On March 14, 1991, 200 Walnut Associates, the landlord of the premises occupied by the Debtor-restaurant ("the Landlord"), filed a Motion ("the Motion") seeking "immediate relief" from the automatic stay and, alternatively, that the Debtor, MORNINGSTAR ENTERPRISES, INC. ("the Debtor), be compelled to "immediately surrender" the premises of the Landlord from which the Debtor was conducting its business at 212 ......read more.


Summary: 112 B.R. 687 (1990) In re Norma Y. JAMES a/k/a Norma Y. Reynolds, Debtor. Norma Y. JAMES, Plaintiff, v. Jacqueline DRAPER; State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice; Peter N. Perretti, Jr., Attorney General of State of New Jersey; and Robert T. Winter, State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice, Defendants. Further, since we hold that the action in issue is not excepted from the automatic stay pursuant to § ......read more.


Summary: 106 B.R. 384 (1989) In re J.B. WINCHELLS, INC., Debtor. *385 *386 Robert K. Coulter, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Virginia Powel, Asst. U.S. Atty., Local Counsel, Philadelphia, Pa., for the I.R.S. Douglas H. Weiss, Pincus, Dubroff, Ganz, Lightman & Weiss, Philadelphia, Pa., for debtor, J.B. Winchell's, Inc. The parties to that original stipulation — J.B. Winchells, Inc. (the debtor), Rich Aaron's Gallery, Ltd. ("Aaron's") and Rouse-Philadelphia, Inc. — then agreed, ......read more.






Summary: 107 B.R. 62 (1989) In re Marvin BURWELL, a/k/a Marvin D. Burwell, Debtor. Resolving the merits of the instant Objections of the Debtor to the Proof of Claim of the Debtor's mortgagee, the Federal National Mortgage Association (hereinafter "FNMA"), requires us to address one issue we had not considered heretofore: the right of a mortgagee to impose fees for performing inspections of the mortgaged premises upon a debtor-mortgagor. In the instant controversy, while we reaffirm our holding in In re ......read more.


Summary: 217 B.R. 64 (1998) In re C & G EXCAVATING, INC., Debtor. Before the Court is an objection filed by Debtor ("C & G") to the proof of claim filed by Sidney R. Rhodes, Jr. ("Rhodes"). § 763a, are subject to a three year statute of limitation; and (B) Section 108(c) of the Bankruptcy Code, 11 U.S.C. § 108(c) states that: ". . . if applicable nonbankruptcy law . . . fixes a period for commencing . . . a civil action in a court other than a bankruptcy court on a claim against the debtor . . . and such......read more.


Summary: 82 B.R. 714 (1988) In re Harold E. RAMONAT, Jr., a/k/a George Ramonat, and Mary Louise Ramonat, Debtors. FIRST VALLEY BANK, Plaintiff, v. Harold E. RAMONAT, Jr., a/k/a George Ramonat, and Mary Louise Ramonat, Defendants. Plaintiff, First Valley Bank ("plaintiff"), has filed this complaint to determine the dischargeability of a portion of a debt owed to it by the husband and wife debtors/defendants, Harold and Mary Ramonat ("debtors"). Based on the facts adduced at trial and the cases cited below......read more.


Summary: 51 B.R. 518 (1985) In re Marjory A. HEATLEY, a/k/a Marjory Ann Heatley, Debtor. However, after reviewing both the eligibility requirements of the Act and the debtor's uncontradicted testimony, which we find credible, we conclude that if the debtor's bankruptcy case is dismissed, she has a reasonable likelihood of meeting all of the eligibility requirements of the Act, thereby saving her home from mortgage foreclosure. See In re *520 Blue, 4 B.R. 580 (Bankr.D.Md.1980); In re Kapsos, 18 B.R. 88 (B......read more.


Summary: 93 B.R. 399 (1988) In re Fred J. SZOSTEK, Denise M. Szostek, Debtors. David A. Searles, Community Legal Services, Inc., Philadelphia, Pa., for debtors/movants, Fred J. Szostek and Denise M. Szostek. OPINION BRUCE I. FOX, Bankruptcy Judge: I have before me two motions, the first brought by the debtors, Fred and Denise Szostek, for an award of attorneys' fees and the second brought by a creditor, The Kissell Company, which seeks to have the debtors' confirmed chapter 13 plan either dismissed, revo......read more.


Summary: 75 B.R. 575 (1987) In re Sheldon GURST, Debtor. PHILADELPHIA CONSUMER DISCOUNT COMPANY, Plaintiff, v. Sheldon GURST, Margot Gurst, Harvey Gurst, Kimberly Gurst, Defendants. Presently before us in the instant bankruptcy case, and one of the above-captioned related adversarial proceedings are the following: (1) A Motion for Relief from the automatic stay (hereinafter referred to as "the Stay Motion") filed on February 4, 1987, by Philadelphia Consumer Discount Company (hereinafter referred to as "......read more.


Summary: 76 B.R. 504 (1987) In re William S. YOUNG, Debtor. The history of the facts surrounding this proceeding were already related by us in our Opinion of March 16, 1987, reported at 70 B.R. 968, 969-70 (Bankr.E.D.Pa.1987), wherein we ruled that the Plaintiff herein, PRISCILLA FORD, had standing and would be permitted to reopen the bankruptcy case of her step-father, WILLIAM S. YOUNG, to litigate this adversary proceeding. See Guilbeau, 74 B.R. at 14 (stay relief denied because debtors were complying ......read more.




Summary: 41 B.R. 249 (1984) In re Helen B. JOYCE, Debtor. *250 Henry J. Sommer, Community Legal Services, Inc., Philadelphia, Pa., for debtor Helen B. Joyce. The facts of this case are as follows:[1] The debtor contracted to purchase an automobile from a car dealer which dealer directed the debtor to arrange financing with Fidelity Consumer Discount Company ("Fidelity"). Due to the debtor's failure to meet her debt repayment schedule, Fidelity repossessed *251 the vehicle on three occasions although the ......read more.


Summary: 100 B.R. 734 (1989) In re John F. PANAS, Debtor. John F. PANAS, Plaintiff, v. POLONIA SAVINGS & LOAN ASSOCIATION and Zdzislaw Roguski and John Doe and Jane Roe, Defendants. However, we further hold that applicable bankruptcy law allows the Debtor to regain possession of the realty prior to the occurrence *735 of the usual pre-condition for recovering possession, i.e., payment of the mortgage balance in full, if the Debtor provides adequate protection to the Mortgagee's interest in the realty. B.......read more.


Summary: 7 B.R. 732 (1980) In re SARAH ALLEN HOME, INC., a Pennsylvania non-profit corporation, a/k/a Sarah Allen Nursing Home and Sarah Allen Home for the Aged, Bankrupt. The SARAH ALLEN HOME FOR the AGED, INC., Samuel M. Brodsky, Trustee in Bankruptcy, Defendants. Lewis A. Grafman, Busch & Schramm, Bala-Cynwyd, Pa., for defendant, The Sarah Allen Home For The Aged, Inc. The facts of the instant case are as follows:[1] Sarah Allen Home, Inc. ("the bankrupt") filed a voluntary petition in bankruptcy unde......read more.


Summary: 52 B.R. 343 (1985) In re JUIL, INCORPORATED, Debtor. The facts relevant to our decision are as follows:[1] Juil, Inc. ("Juil") is a debtor in a Chapter 7 bankruptcy case pending in the United States Bankruptcy Court for the Eastern District of Pennsylvania. In 1980, Juil entered into a security agreement with Paris Foods Corporation ("plaintiff") for the purpose of remodeling the building. The plaintiff extended credit to Juil in the amount of $150,000.00, of which $130,000.00 was applied toward......read more.


Summary: 90 B.R. 126 (1988) In re Wilton B. JACKSON, Janet G. Jackson, t/a Greenbank Farm, A Partnership, Debtors. In re Wilton B. JACKSON, and Janet G. Jackson, Individually, and as partners in Greenbank Farm, Debtors. In re Walter B. JACKSON, and Carol E. Jackson, husband and wife, individually, and Walter B. Jackson, as a partner in Greenbank Farm, Debtors. The Complaint, in less than totally lucid fashion, alleges that the Defendants acted wrongfully in at least six different senses: (1) Advising the......read more.