- 11 U.S.C.
Ard, In re
May
23
2025
Ruling
Debtors failed to prosecute their motion to impose the stay in third bankruptcy case filed within twelve months and proposed plan was not confirmable. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.
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Court
:
- 11 U.S.C.
Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC
May
16
2025
Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Fall Creek One, LLC, In re
May
09
2025
Ruling
Court valued creditor’s secured claim based on debtor’s income projections and intended use of property for short-term rentals. (Bankr. M.D.N.C.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
- 11 U.S.C.
Wells, In re
May
07
2025
Ruling
For an informal proof of claim to exist, the creditor must have taken some affirmative action in the bankruptcy case before the claims deadline to provide notice of the claim and intent to hold the estate liable. (Bankr. M.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.
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Court
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Ard, In re
Apr
29
2025
Ruling
No stay violation found as debtors failed to prove willful conduct or resulting damages from home owners’ association’s actions. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Clouter Creek Reserve LLC, In re
Apr
18
2025
Ruling
Court approved debtor’s post-petition financing allowing priming lien on property to enhance value and marketability, despite objections from existing lienholders. (Bankr. D.S.C.)
Issue(s)
Obtaining Credit; Secured by Lien with Priority over Existing Lien.
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Serna, In re
Apr
02
2025
Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
:
- 11 U.S.C.
Hurd, In re--Pearsall v. Hurd
Mar
26
2025
Ruling
Complaint failed to identify any materially false written statement used by defendants to obtain loan from plaintiff before the debt was incurred. (Bankr. S.D. W. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
Rosen, In re--Rosen v. Tex. Guar. Student Loan Corp.
Mar
25
2025
Ruling
Student loan debt was dischargeable where debtor met all three prongs of the Brunner test. (Bankr. W.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 28 U.S.C.
Chanto, In re
Mar
20
2025
Ruling
Extension of the automatic stay in debtor’s third case within two years denied due to failure to rebut the presumption of bad faith. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Court
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