Legal Opinion

In re Schaffer

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 28, 2019No. Bankruptcy No. 18-18133-AMCPublishedCited by 4 opinions

1Opinion of the Court

Honorable Ashely M. Chan United States Bankruptcy Judge

I. INTRODUCTION

Kichkin General Trading, LLC ("Kichkin") and Rashiddudin Mohammadi ("Rashid") (collectively "the Movants"), holders of prepetition judgments against the debtor, Frank G. Schaffer ("Debtor"), jointly move under § 362(d)(1) for relief from the automatic stay for cause based upon the Debtor's bad faith in filing this case. Based upon, inter alia, the Debtor's failure to fully disclose his assets and liabilities in both of his bankruptcy filings, the Debtor's flagrant disregard of the chapter 13 trustee's warning not to spend…

2Cases cited30 opinions

  1. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  2. In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
  3. In Re Laguna Associates Limited Partnership, Debtor. Laguna Associates Limited Partnership v. Aetna Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1994
  4. In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382Court of Appeals for the Third Circuit · 1999
  5. In Re Stranahan Gear Company, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986

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3Cited by4 opinions

  1. FARZAN v. BAYVIEW LOAN SERVICING LLCDistrict Court, D. New Jersey · 2021
  2. HOLMESDistrict Court, E.D. Pennsylvania · 2022
  3. James E. MagerUnited States Bankruptcy Court, E.D. Pennsylvania · 2020
  4. Manley Toys LimitedUnited States Bankruptcy Court, D. New Jersey · 2020

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