Judge Bishop

In re Moore

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
Ruling: 
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
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Fuller v. Cash Am. Pawn (In re Fuller)

Plaintiff, chapter 13 debtor, brought an adversary action against defendant pawn shop alleging the latter violated the automatic stay by disposing of jewelry she had placed with the pawn shop as security for a personal loan and notifying debtor of a purported forfeiture under S.C. Code Ann. § 40-39-110. The pawn shop moved for summary judgment on the claim.
Ruling: 
Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.
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