Oct
10
2018
Herrin, In re--Connector 2000 Ass’n v. Herrin
Ruling:
Debts were dischargeable where debtor did not commit actual fraud as evidence did not indicate that there was a scheme or an effort on the part of debtor to deprive the creditor of payment. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-074
Aug
24
2018
DeWayne, In re--DeWayne v. First Nat'l Bank
Ruling:
Trustee's failure to pursue nondisclosed claim does not constitute abandonment by the trustee. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-052
May
24
2018
Dozier Fin., Inc., In re--Haigler v. Dozier
Ruling:
Motion to transfer venue was denied as the public interests were best served by retention ofthe estate and investor claims in the forum. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0718-029
May
23
2018
De Caris, In re--LM Ins. Corp. v. De Caris
Ruling:
Defendant's discharge denied as he failed to keep and preserve records from which hisfinancial condition and business transactions could be ascertained. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0718-022
Jan
24
2018
Simpson, In re
Ruling:
Debtor could cure the default of pre-petition payments and maintain the original postpetitionpayment schedule for the note while case was pending. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0618-085
Mar
06
2018
Elizabeth H. Lisenby Estate Prot. Trust, In re
Ruling:
Involuntary chapter 7 bankruptcy petition had to be dismissed as sole creditor's claim wassubject to bona fide disputes. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0618-062
Jan
24
2018
Simpson, In re
Ruling:
Objection to confirmation was overruled as the creditor was not able to support its claim thatdebtor could not cure and maintain through the plan because it had accelerated a note prepetitionunder a due on sale clause. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-024
Jan
24
2018
Simpson, In re
Ruling:
Objection to confirmation was overruled as the creditor was not able to support its claim thatdebtor could not cure and maintain through the plan because it had accelerated a note prepetitionunder a due on sale clause. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-024
Jan
16
2018
Palcher, In re
Ruling:
Debtor who lived with and shared living expenses with his mother was not required to declare in his disposable income the Social Security payments that his mother received. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on January 16,2018, LexisNexis #0218-104
Dec
08
2017
Santos, In re
Ruling:
Trustee could not recover insurance proceeds that were recovered for a company as it was notproperty of the bankruptcy estate. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on December 08,2017, LexisNexis #0218-078
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