John J. Lynch

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
JOHN J. LYNCH, SR., 	: 	Bankruptcy No. 04-12751DWS
:
Debtor. 	:
ORDER
AND NOW, this 22nd day of April 2005, upon consideration of the Motion
(the “Amend Motion”) of Steffa Metals Co., Inc. (“Steffa”) to Amend Findings by the Court
and Order Entered April 6, 2005 (the “Order”) pursuant to Fed.R.Bankr.P. 7052;
And the Court finding it unnecessary to conduct a hearing thereon, 11 U.S.C.
§ 102(1) (“after notice and hearing” means “such opportunity for hearing as is appropriate
under the circumstances”);
And this Court having entered the Order memorializing a bench order denying
Debtor’s Motion for Contempt for violation of the automatic stay because, inter alia, there
was no bankruptcy case and therefore no automatic stay in place when the Debtor’s Tow
Truck and Ford Sedan were seized;
And the written order (versus the bench order) having misstated the chronology but
not the factual finding and legal conclusion stated above;
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In re John J. Lynch - Bankruptcy No. 04-12751DWS
1 Pursuant to Fed.R.Civ.P. 8002(b) if a party files a timely motion for leave under Fed.R.
Bankr. 52 (incorporated in bankruptcy by Bankruptcy Rule 7052), the time for filing an appeal shall
run from the entry of the order disposing of the appeal. Debtor has already filed an appeal of the
Order which was entered in the docket contemporaneously with the Amend Motion. While the
notice of appeal was not effective due to the pendency of the Amend Motion, it is effective with this
order, and it is not necessary for a further notice of appeal to be filed.
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And the Amend Motion requesting that the Court correct the Order to accurately
reflect the record and the bench order;1
And the Court having reviewed the record made at the hearing and determining that
the Amend Motion should be granted as correctly pointing to the errors of fact contained
therein;
It is hereby ORDERED that:
1. Page 2, paragraph 2 (1) of the Order should be amended to read, “[T]he seizure
of the Tow Truck and Ford Sedan occurred on May 4, 2000 after the dismissal of the prior
bankruptcy case on May 3, 2000.”
2. Footnote 3 of the Order should be amended to read, “Debtor’s testimony at the
July 1, 2004 hearing that the seizure occurred on May 1 before his bankruptcy case was
dismissed is false.”
3. The hearing scheduled on the Amend Motion by Steffa shall be cancelled.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
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Copies to:
John J. Lynch, Sr.
6046 Roosevelt Blvd.
Philadelphia, PA 19149
Bonnie MacDougal Kistler, Esquire
PEPPER HAMILTON LLP
3000 Two Logan Square
18 th & Arch Streets
Philadelphia, PA 19103
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
Case 04-12751-dws Doc 94 Filed 04/22/05 Entered 04/22/05 15:34:34 Desc Main
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