Legal Opinion
Walsh v. UGI Utilities, Inc. (In re Walsh)
United States Bankruptcy Court, M.D. Pennsylvania
Decided October 3, 2014No. Bankruptcy No. 5-13-bk-05293-JJT; Adversary No. 5-14-ap-00016-JJTPublishedCited by 1 opinion
1Opinion of the Court
OPINION
JOHN J. THOMAS, Bankruptcy Judge.
Dawn Anne Walsh, Debtor, has filed a Complaint for violation of the automatic stay against UGI Utilities, Inc., alleging that she is entitled to damages under 11 U.S.C. § 362(k). Rather than answering the Complaint, UGI filed a Motion to Dismiss under Rule 12 alleging the injury caused by the violation is insufficiently described and that Debtor did not comply with § 342(g)(2) of the Code which, it says, *289is a lynchpin to pursue damages on behalf of a debtor.
The Debtor alleges UGI ignored the bankruptcy brought to its attention through a notice setting a…
2Cases cited6 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Joseph R. Solfanelli Natalie G. Solfanelli v. Corestates Bank N.A., Successor by Merger to Meridian Bank Stevens & Lee Meridian BankCourt of Appeals for the Third Circuit · 2000
- Solfanelli v. Meridian Bank (In Re Solfanelli)District Court, M.D. Pennsylvania · 1999
- Solfanelli v. Meridian Bank (In Re Solfanelli)United States Bankruptcy Court, M.D. Pennsylvania · 1996
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3Cited by1 opinion
- George Ryan CampbellUnited States Bankruptcy Court, S.D. Mississippi · 2023