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Snyder v. Quinlan

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


May 22, 2007

MARK SNYDER, APPELLANT,
v.
EDWARD J. QUINLAN, GEORGE LENTZ, ELECTRONICALLY FILED JR., BARBARA LENTZ, PAUL BOEGGEMAN, JOHN H. BOEGGEMAN, JR., JOHN H. BOEGGEMAN, III, MARY BOEGGEMAN, MID OHIO SECURITIES CORP. APPELLEES.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

MEMORANDUM OPINION

Mark Snyder appeals the Order of the United States Bankruptcy Court for the Western District of Pennsylvania dated September 29, 2006, which granted in part and denied in part the motion of Appellees (Edward J. Quinlan, George Lentz, Jr., Barbara Lentz, Paul Boeggeman, John H. Boeggeman, Jr., John H. Boeggeman, III, and Mid Ohio Securities Corp.) to reopen Mr. Snyder's closed bankruptcy case for the limited purpose of retroactively annulling the automatic stay as to movants with regard to default judgments taken against Appellant and his sister, Shanni Snyder, who also had declared bankruptcy, in the state courts of Allegheny and Westmoreland Counties. The Honorable Bankruptcy Judge Judith K. Fitzgerald, after notice and hearing, granted the motion to reopen and retroactively annulled the automatic stay as to the default judgment taken in Allegheny County as to the sale of five properties in Allegheny County, but denied the motion as to the default judgments taken in Westmoreland County.

Appellee asserts that the Bankruptcy Court abused its discretion in retroactively annulling the stay as to the default judgments on the Allegheny County properties. After careful consideration of the briefs submitted by the parties,*fn1 and the record on appeal, including the transcript of the hearing of September 29, 2006 (Bankruptcy Court doc. no. 28), the Court finds that Bankruptcy Judge Fitzgerald did not abuse her discretion in retroactively annulling the automatic stay in part.

As is apparent from the transcript of the September 29, 2006, argument on the motion, the Bankruptcy Court was thoroughly familiar with the case, carefully considered the arguments for and against the motion, and reasonably decided that the requested relief was appropriate with regard to the defaulted Allegheny County properties, which already had been sold to third parties, but not as to the Westmoreland County judgments.

For the reasons stated by Chief Judge Donetta W. Ambrose in her Opinion and Order of August 3, 2006 in Appellant's sister's case, the Order of the Bankruptcy Court annulling the stay as to the Allegheny County properties will be affirmed. Shanni Snyder v. Winnecour, Docket No. 06-cv-398, Opinion and Order of Court, August 3, 2006 (doc. no. 27).


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