IN RE: NICKI M. TODARO (2023)

Chapter 13

Related to Doc. Nos. 90, 94

ORDER

AND NOW, this 5th day of January, 2023, for the reasons stated in the accompanying Memorandum Opinion filed this date, it is ORDERED, ADJUDGED and DECREED that,

(1) The Wells Fargo Bank, N.A. (“Wells Fargo”) motion for summary judgment as to the Debtor's Complaint is GRANTED, and the Complaint is DISMISSED as having been untimely filed.

(2) The Wells Fargo counterclaim seeking a dismissal of the Debtor's bankruptcy case on the basis of fraud or bad faith is DISMISSED without prejudice. To the extent Wells Fargo nonetheless intends to pursue dismissal of the bankruptcy case, such relief shall be sought on or before February 2, 2023 by filing a motion in the main bankruptcy case seeking the same relief. Accordingly, the corresponding Wells Fargo motion for summary judgment as to this same counterclaim is DENIED as moot.

(3) The remaining Wells Fargo counterclaims against the Debtor are DISMISSED.

(4) The Wells Fargo motion for summary judgment on its third-party claim against PNC Bank, N.A. (“PNC”) is DENIED, and the cross-motion for summary judgment by PNC is GRANTED, the Court finding that PNC's lien on Debtor's property located at 736 2nd Street, Newell, Pennsylvania, has priority over the Wells Fargo lien on the same property.

(5) The Clerk shall mark this case as CLOSED.

Case administrator to serve:

Daniel R. White, Esq.

Bradley A. King, Esq.

Michael P. Oliverio, Esq.

Debtor

Carlota M. Böhm, Judge United States Bankruptcy Court