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Legal Opinion

Paglia v. Sky Bank (In Re Paglia)

United States Bankruptcy Court, W.D. Pennsylvania

Decided September 18, 2003No. 19-20311PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor Dale Paglia asserts in this adversary action that defendant Sky Bank violated 11 U.S.C. §§ 524(a)(2) and 362(a)(6) and 15 U.S.C. § 1691 when, during his bankruptcy case, its predecessor coerced him to execute a promissory note in its favor in connection with a discharged pre-petition debt on which he had defaulted. In addition to recovering with interest the payments he made pursuant to the note, debtor seeks to recover compensatory and punitive damages, attorney’s fees and costs.

Defendant denies that its conduct violated any of…

2Cases cited5 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
  3. Matter of HollandUnited States Bankruptcy Court, N.D. Indiana · 1982
  4. Mickens v. Waynesboro Dupont Employees Credit Union, Inc. (In Re Mickens)United States Bankruptcy Court, W.D. Virginia · 1999
  5. In Re Market Square Inn, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1994

3Cited by6 opinions

  1. In Re PervizUnited States Bankruptcy Court, N.D. Ohio · 2003
  2. Hambrick v. Perceptual Development Corp. (In re Hambrick)United States Bankruptcy Court, E.D. Oklahoma · 2012
  3. Selby v. Perceptual Development Corp. (In re Selby)United States Bankruptcy Court, E.D. Oklahoma · 2012
  4. Bonnie Sue OstranderUnited States Bankruptcy Court, N.D. Ohio · 2022
  5. In re Frank Ragone, Jr.Court of Appeals for the Sixth Circuit · 2021

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