Legal Opinion

Faillace v. Moriarty (In Re Faillace)

United States Bankruptcy Court, M.D. Pennsylvania

Decided March 2, 2004No. Bankruptcy No. 5-99-01225, Adversary No. 5-03-50147APublished

1Opinion of the Court

OPINION

JOHN J. THOMAS, Chief Judge.

With regard to the disposition of this Complaint to Determine Secured Status, there appears to be no factual dispute between the parties.

Michael Faillace and Marie Faillace, now known as Marie DiFlavis, owned a certain parcel of property as tenants by the entireties. In 1992, Marie initiated a divorce action in the Court of Common Pleas of Luzerne County. After what appears from the Luzerne County docket to be a very litigious history, a Decree was finally entered on January 18, 1996. (DiFlavis Exhibit No. 1.) The Decree not only severed the matrimonial…

2Cases cited6 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Klebach v. Mellon Bank, N.A.Supreme Court of Pennsylvania · 1989
  3. Mid-State Bank & Trust Co. v. Globalnet International, Inc.Supreme Court of Pennsylvania · 1999
  4. FEDERAL LAND BANK OF BALT. v. SustrikSupreme Court of Pennsylvania · 1987
  5. Brooklyn Jenapo Federal Credit Union v. Shain (In Re Shain)United States Bankruptcy Court, E.D. New York · 1985

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