Robert N. Opel II

How Judge Opel rules, drawn from 27 signed orders. Every observation links to the order it came from.

Judge Opel no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Middle District of Pennsylvania
Position
bankruptcy
Status
No longer serving
Commissioned
2006-09-28
Signed orders read
27

How Judge Opel decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A creditor's automated collection systems remained subject to the same duty to prevent stay violations as its human processes.

“Sophisticated commercial enterprises have a clear obligation to adjust their programming and procedures and their instruction to employees to handle complex matters correctly.”

Procedural preferences

The court repeatedly limited decisions to the questions necessary to resolve the matter before it.

“if it is not necessary to decide more, it is necessary not to decide more”

Cautions

Summary judgment was denied where intent and reliance required a developed evidentiary record rather than competing affidavits.

“At the summary judgment stage, the key is issue-finding not issue-resolution.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Solar Innovations, Inc. v. Plevyak (In re Plevyak)
· 2019-05-24
Objection to plan confirmation (Chapter 13 trustee) Granted

“Based upon the foregoing, the Objections of the Trustee and Solar are sustained, and confirmation of the Debtor's Fifth Amended Plan is denied.”

Objection to plan confirmation (Solar Innovations, Inc.) Granted
Wood Law Offices, LLC v. Il Nam Chang (In re Il Nam Chang)
· 2015-10-16
Motions to dismiss (Il Nam Chang and Chong Wol Chang) Granted

“Judgment will be entered granting the Motion to Dismiss for failure to state a claim upon which relief can be granted.”

Motion for more definite statement (Il Nam Chang and Chong Wol Chang) Moot / procedural

“The Motion for a More Definite Statement will be dismissed as moot.”

Mid Penn Bank v. Pregent (In re Pregent)
· 2015-11-02
Summary judgment (Mid Penn Bank) Denied

“Therefore, the Motion for Summary Judgment is denied.”

Schwab v. Stroup (In re Stroup)
· 2014-11-04
Summary judgment (William G. Schwab, Chapter 7 trustee) Denied

“For the reasons stated below, the Motion for Summary Judgment is denied.”

Scranton Laminated Labels, Inc. v. Florimonte (In re Florimonte)
· 2019-04-04
Motions to dismiss (Carolyn J. Florimonte) Denied

“Defendant's Pro Se Motion to Dismiss as to Counts I and II of the Amended Complaint is denied, with prejudice.”

Davis v. Bank of America, N.A. (In re Davis)
· 2019-03-11
Motions to dismiss (Bank of America, N.A.) Granted

“The Motion to Dismiss the Complaint for lack of subject matter jurisdiction will be granted, with prejudice.”

In re Topfer
· 2019-01-03
Request for attorney fees and costs (Evelyne Ruetimann Topfer) Granted

“Professional fees are awarded in the amount of $ 4,360.00 and punitive damages are awarded in the amount of $ 2,000.00.”

Request for punitive damages (Evelyne Ruetimann Topfer) Granted
Regency Finance Co. v. Trichilo (In re Trichilo)
· 2015-11-16
Motions to dismiss (Michael Trichilo) Granted

“The Motion to Dismiss will be granted.”

Franklin County Area Development Corp. v. Leos (In re Leos)
· 2011-12-19
Summary judgment (Franklin County Area Development Corporation) Denied

“the Motion of the Franklin County Area Development Corporation for Summary Judgment and the Motion of John P. Leos for Summary Judgment are each hereby denied.”

Summary judgment (John P. Leos) Denied
Ahmadi v. CitiMortgage, Inc. (In re Ahmadi)
· 2012-04-06
Motions to dismiss (CitiMortgage, Inc.) Granted in part

“the Motion to Dismiss is granted as to Count Four of the Amended Complaint and is denied as to Counts One, Two and Three.”

In re McElwee
1-10-bk-02566 RNO · 2012-05-03
Objection to claim (Thomas H. and Becky S. McElwee) Denied

“I, therefore, overrule the Claim Objection and allow Claim 11-2 as filed”

Butz v. People First Federal Credit Union (In re Butz)
· 2011-03-30
Summary judgment (Freda M. Butz) Granted

“Consistent with the reasoning given above, the Plaintiffs Motion for Summary Judgment is granted.”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated, and none retained a docket-entry stream.

A historical record

Judge Opel no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.