110 West Front Street | Media, PA 19063
To speak to an attorney call: 610-566-6177

Recent Blog Posts

Bankruptcy Court Discharges Student Loans

In re Jones,_ B.R. _ , 2013 WL 1882252 (Bankr.E.D. Pa. 2013)(per Frank, J.) A 45 year old single woman with no serious medical problems sought to discharge her student loan under §523(a)(8).The debtor, who had two children, worked part time to care for her emotionally disabled 16 year old daughter.  In 2006she co-signed a… Read More »

Debt Collector Sactioned by Bankruptcy Court

In re Grochowski, 2012 WL 5306047 (Bankr.M.D. Pa. 2012)(per Thomas, J.) The debtor filed an adversary action against Commonwealth Financial Systems for violating the automatic stay byattempting to collect a debt 29 times after the debtor filed his bankruptcy.   The debt collector’s CFO’s testimony was detrimental to the defendant as he knew little about  the… Read More »

Third Circuit Rules that Appreciation is Property of the Estate Not the Debtor in a Chapter 7

In re Orton, __ F.3d ___ , 2012 WL 2948546  (3rd Cir. 2012)(J. McVerry). The Third Circuit addressed the question of whether a debtor is entitled to any post-petition appreciation in value of the Estate’s assets that surpasses the dollar amount exempted.   The Debtor listed on Schedule A his 1/8th  interest in 34 acres of… Read More »

3rd Circuit Rules that When a Chapter 13 case Converts Undistributed Funds Should be Refunded to the Debtor

In re Michael, 2012 WL 5278411 (3rd Cir. 2012) (Ambro, J.) What does the Bankruptcy Code require a Chapter 13 trustee to do with undistributed funds received pursuant to a confirmed Chapter 13 when the case is converted to Chapter 7? The District Court affirmed the Bankruptcy Court’s holding that the funds are to be… Read More »

Bankruptcy Court Grants Discharge of Student Loans

In re Crawley, 460 B.R. 421 (Bankr.E.D. Pa. 2011)(J. Frank). Four years after her bankruptcy closed, a debtor  reopened her bankruptcy and brought an adversary action to determine that she was entitled to an undue hardship discharge of her student loan.  The maximum salary the debtor ever made was $37,000 and she suffered severe medical… Read More »

Third Circuit Rules that Estate -Not Debtor Gets the Benefit of Appreciation

In re Orton, __ F.3d ___ , 2012 WL 2948546  (3rd Cir. 2012)(J. McVerry). The Third Circuit recently addressed the question of whether a debtor is entitled to any post-petition appreciation in value of the Estate’s assets that surpasses the dollar amount exempted.   The Debtor listed on Schedule A his 1/8th  interest in 34 acres… Read More »

Sending Monthly Mortgage Information Statement Does Not Violate Automatic Stay

Debtors who receive a monthly statement from  mortgage lenders have a greater success rate in Chapter 13 cases.  Nonetheless, in In re Schatz, 452 B.R. 544 (Bankr.M.D. Pa. 2011), a Chapter 13 Debtor filed a multi count complaint alleging, inter alia, that  a mortgage lender violated the automatic stay pursuant to 11 U.S.C. §362(k) for… Read More »

Recent Pennsylvania Superior Court Decision On the Effect of Bankruptcy Discharge is News to Bankruptcy Practitioners

Gubbiotti v. Santay, __ A.3d ___, 2012 WL 2389449 (Pa. Super 2012). (J. Panella). PERSONAL INJURY ALERT: Automobile accident victims filed a negligence action against the other driver for injuries sustained.  While the case was pending the defendant filed a Chapter 7 bankruptcy and received a bankruptcy discharge.  Thereafter, the defendant filed a motion for… Read More »

Scott F. Waterman
110 West Front Street
Media, PA, 19063 USA
610-566-6177