Chester New Matter 1st Quarter 2017 - 11

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As I Was Preparing For Trial...
As I Was
AsPreparing
I Was Preparing
For Trial...
For Trial...
By
By
Mark Blank,
Mark Jr.,
Blank,
Esquire
Jr., Esquire

The following is what came to my attention:

The following
The following
is what is
came
whattocame
my attention:
to my attention:

By Mark Blank, Jr., Esquire

IN THEINUNITED
STATES
BANKRUPTCY
COURT
THE UNITED
STATES
BANKRUPTCY
COURT
FOR THE
DISTRICT
OF PENNSYLVANIA
FOREASTERN
THE EASTERN
DISTRICT
OF PENNSYLVANIA
In re: In re:
MichaelMichael
S. ..., S. ...,

:
7
:Chapter
Chapter
7
:
:
Debtor.Debtor. :
14-.....
(JKF) (JKF)
:Case No.
Case
No. 14-.....
________________________________
________________________________
Keith S.Keith
..., S. ...,
:
:
Plaintiff
Plaintiff :
:
v.
:
No. 15-....
v.
:Adversary
Adversary
No. 15-....
:
:
MichaelMichael
S. ..., S. ...,
:
:
Defendant.
:
Defendant.
:
_________________________________
_________________________________
ORDER
ORDER
AND	NOW,	this	9th	day	of	January,	2017,	the	trial	scheduled	for	January	11,	2017	in	this	matter	
AND	NOW,	this	9th	day	of	January,	2017,	the	trial	scheduled	for	January	11,	2017	in	this	matter	
is	cancelled.	This	matter	previously	was	scheduled	for	trial	on	December	6,	2016,	at	which	time,	counsel	
is	cancelled.	This	matter	previously	was	scheduled	for	trial	on	December	6,	2016,	at	which	time,	counsel	
for	Defendant	appeared	and	requested	a	continuance	on	the	basis	that	the	Defendant	was	ill	and	unable	
for	Defendant	appeared	and	requested	a	continuance	on	the	basis	that	the	Defendant	was	ill	and	unable	
to	 appear	
to	 defend	
his	As	
case.	
this	
was	
the	
first	
time	
that	 Debtor	
has	to	
failed	
to	 participate	
in	
to	 appear	
to	 defend	
his	 case.	
this	As	
was	
not	
the	not	
first	
time	
that	
Debtor	
has	 failed	
participate	
in	
in	 his	
case	 without	
any	 evidence	
of	 or	
illness	
or	 medical	
condition	
being	 provided,	
the	 Court	
matters	matters	
in	 his	 case	
without	
any	 evidence	
of	 illness	
medical	
condition	
being	 provided,	
the	 Court	
conditioned	the	continuance	upon	receipt	of	a	satisfactory	report	from	a	medical	professional	providing	
conditioned	the	continuance	upon	receipt	of	a	satisfactory	report	from	a	medical	professional	providing	
a	diagnosis	that	supported	the	professional's	opinion	that	the	Debtor	could	not	appear	in	Court	on	the	
a	diagnosis	that	supported	the	professional's	opinion	that	the	Debtor	could	not	appear	in	Court	on	the	
6th.	 Despite	
two	and	
tries,	
and	 additional	
to	 produce	
the	 requested	
the	 Debtor	
has	 only	
6th.	 Despite	
two	 tries,	
additional	
time	 to	time	
produce	
the	 requested	
report,	report,	
the	 Debtor	
has	 only	
provided	the	Court	with	(1)	discharge	papers	from	a	physician's	assistant	(PA)	which	bases	the	diagnosis	
provided	the	Court	with	(1)	discharge	papers	from	a	physician's	assistant	(PA)	which	bases	the	diagnosis	
of	flu	only	upon	the	Debtor's	report	of	symptoms	which	are	not	substantiated	by	any	of	the	PAs'	findings	
of	flu	only	upon	the	Debtor's	report	of	symptoms	which	are	not	substantiated	by	any	of	the	PAs'	findings	
and	provides	that	the	Debtor	should	stay	home	for	the	day	and	(2)	a	copy	of	that	same	report	with	the	
and	provides	that	the	Debtor	should	stay	home	for	the	day	and	(2)	a	copy	of	that	same	report	with	the	
signature	
or	 initials	
of	 a	 doctor	
on	
each	The	
page.	
The	 discharge	
not	 satisfactory	
as	 the	 only	
signature	
or	 initials	
of	 a	 doctor	
on	 each	
page.	
discharge	
papers	papers	
are	 not	are	
satisfactory	
as	 the	 only	
evidence	
of	 illness	
the	 Debtor's	
own	 statement	
of	 symptoms	
experienced	
the	 previous	
evidence	
of	 illness	
is	 the	 is	
Debtor's	
own	 statement	
of	 symptoms	
experienced	
the	 previous	
night	 night	
(December	
5,	for	
2016)	
for	he	
which	
he	 did	
not	
seek	 medical	
treatment	
until	
they	
had	
gone	All	
away.	
All	 of	 his	
(December	
5,	 2016)	
which	
did	 not	
seek	
medical	
treatment	
until	 they	
had	
gone	
away.	
of	 his	
vital	signs,	except	for	having	high	blood	pressure,	were	normal	at	the	examination.	
vital	signs,	except	for	having	high	blood	pressure,	were	normal	at	the	examination.	
	
	
Accordingly,	the	continuance	is	denied	and	judgment	will	be	entered	for	the	Plaintiff.	It	is	hereby	
Accordingly,	the	continuance	is	denied	and	judgment	will	be	entered	for	the	Plaintiff.	It	is	hereby	
ORDERED,	
pursuant	
to	 11	
USC	 §	 523(a)(2)(A),	
that	
the	
debt	 to	
owing	
to	 Plaintiff,	
Keith	
...,	 by	 Debtor,	
ORDERED,	
pursuant	
to	 11	 USC	
§	 523(a)(2)(A),	
that	 the	
debt	
owing	
Plaintiff,	
Keith	 ...,	
by	 Debtor,	
Michael	S...,	in	the	amount	of	$126,435	is	excepted	from	any	discharge	entered	in	Debtor's	Chapter	7	
Michael	S...,	in	the	amount	of	$126,435	is	excepted	from	any	discharge	entered	in	Debtor's	Chapter	7	
proceeding.	
proceeding.	

	
	

	

		
		

		
		

		
		

In essence, this is a verdict for the Plaintiff
without a trial.

		

	

		
		

	___________________________	
___________________________	
	JEAN	K.	FITZSIMON	
JEAN	K.	FITZSIMON	
United	States	Bankruptcy	Judge		
United	States	Bankruptcy	Judge		

Lawyers (and
all reading
this
thatthe
matter),
hear
me out; without
this
coulda happen
In essence,
In essence,
this
is article,
athis
verdict
isfor
a verdict
for
Plaintiff
for the
Plaintiff
without
a trial.
trial. to you.
(I tried in vain to obtain a letter/report from the physician, however, to no avail.) (see "The Blank Page" in this issue.)

LawyersLawyers
(and all(and
reading
all reading
this article,
this article,
for thatfor
matter),
that matter),
hear mehear
out;me
thisout;
could
thishappen
could happen
to
to
you. (I you.
tried in
(I tried
vain to
in obtain
vain toaobtain
letter/report
a letter/report
from thefrom
physician,
the physician,
however,
however,
to no avail.)
to no avail.)

Yes, it definitely is time to retire.

New Matter | 11


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Table of Contents for the Digital Edition of Chester New Matter 1st Quarter 2017

Chester New Matter 1st Quarter 2017 - 1
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Chester New Matter 1st Quarter 2017 - 36
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