Legal Opinion

California Coast University v. Aleckna (In re Aleckna)

United States Bankruptcy Court, M.D. Pennsylvania

Decided January 14, 2016No. CASE NO. 5-12-bk-03367 RNO; ADVERSARY NO. 5-12-ap-00247 RNOPublishedCited by 8 opinions

1Opinion of the Court

OPINION1

Robert N. Opel, II, Bankruptcy Judge

In this Adversary Proceeding, the only outstanding claim is the Debtor’s counterclaim alleging that the Plaintiff/creditor, a university,' violated the automatic stay when it- did not. release her graduation transcripts. For the reasons stated herein, . 11 find that the automatic stay was violated and will award appropriate damages to the Debtor.

I. Jurisdiction'

The Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b). • This matter is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A), (G), and (0).

- As discussed below, the…

2Cases cited32 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re Weiner Merchant, Debtor. Andrews University v. Weiner MerchantCourt of Appeals for the Sixth Circuit · 1992
  4. Robert L. Johnson v. Edinboro State College and Pennsylvania Higher Education Assistance Agency. Appeal of Edinboro State CollegeCourt of Appeals for the Third Circuit · 1984
  5. In Re Harmony Holdings, LLCUnited States Bankruptcy Court, D. South Carolina · 2008

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3Cited by8 opinions

  1. In re JohnsonUnited States Bankruptcy Court, E.D. Pennsylvania · 2019
  2. Trokie v. U.S. Bank Trust Nat'l Ass'n (In re Trokie)United States Bankruptcy Court, M.D. Pennsylvania · 2018
  3. Scranton Laminated Labels, Inc. v. Florimonte (In re Florimonte)United States Bankruptcy Court, M.D. Pennsylvania · 2016
  4. Kevin Potter v. David NewkirkCourt of Appeals for the Third Circuit · 2020
  5. Krisiak v. TruMark Financial Credit UnionUnited States Bankruptcy Court, M.D. Pennsylvania · 2020

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