Lucas, In re
Oct
01
2024
Ruling
Debtors' attorney was directed to return all funds received by or on behalf of debtors and to pay sanctions to debtors based upon his filing of three separate documents without debtors' prior authorization. (Bankr. D.S.C.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers; Representations to the Court; Evidentiary Support.
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Court
:
- 11 U.S.C.
Gabriel Custom Homes, LLC, In re
Sep
30
2024
Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
Canty, In re
Sep
18
2024
Ruling
Relief from stay denied where there was sufficient equity in debtor’s property to protect creditor as first mortgagee and the property was necessary for an effective reorganization. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Williams, In re
Sep
18
2024
Ruling
Court could not find that the Chapter 13 debtor proposed its plan in good faith. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Hoffman, In re
Sep
18
2024
Ruling
Motion to reopen in order to seek revocation of discharge denied as lack of evidence would make effort for revocation futile. (Bankr. D.S.C.)
Issue(s)
Discharge; Grounds for Revocation; Failure to Report, Deliver or Surrender Property.
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Court
:
Peugh, In re--Tonthat Inv. Grp., LLC v. Peugh
Sep
17
2024
Ruling
Dismissal of adversary proceeding set aside to prevent a manifest injustice where the parties had settled but failed to submit agreement by deadline in scheduling order. (Bankr. D.S.C.)
Issue(s)
Dismissal of Adversary Proceedings.
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Court
:
- 11 U.S.C.
Baldwin, In re
Aug
29
2024
Ruling
Chapter 13 plan could not be confirmed where debtor proposed to pay monthly payments in an amount insufficient to make all the required payments under the plan. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan.
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Johnson, In re
Aug
28
2024
Ruling
Debtors' counsel sanctioned for filing a certification of plan completion and request for discharge and notice without obtaining the debtors' permission to affix their signatures. (Bankr. D.S.C.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
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Turner, In re--Turner v. NewRez LLC
Aug
28
2024
Ruling
Court abstained from exercising jurisdiction in an adversary proceeding challenging proofs of claim filed by a foreclosing creditor that were centered around state law issues. (Bankr. D.S.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 11 U.S.C.
Arnold, In re
Aug
26
2024
Ruling
Sanctions denied against creditor for collection calls regarding car debt as the stay terminated when debtor failed to redeem or reaffirm debt within 30 days. (Bankr. W.D. Va.)
Issue(s)
Automatic Stay; Termination With Regard to Personal Property; Conditions.
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Court
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