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Stevenson, In re--Haigler v. Deepak Singh

Ruling
Transfer was avoidable as preferential as it was made within 90 days before bankruptcy for an antecedent debt, while the debtors were insolvent, and enabled transferee to receive more than in a Chapter 7 liquidation. (Bankr. D.S.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on February 14, 2025 , LexisNexis #0525-037

Bryant, In re

Ruling
Motion to dismiss granted where the U.S. trustee met the burden of proving that debtor made false oaths and accounts involving his interests in and transfers of personal and real property. (Bankr. D.S.C.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on January 29, 2025 , LexisNexis #0525-021

Payne, In re--Payne v. Blue Ridge Cars & Trucks LLC

Ruling
Court found that creditor willfully violated the automatic stay by repossessing the debtors' vehicles after receiving notice of their bankruptcy filing. (Bankr. D.S.C.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on December 30, 2024 , LexisNexis #0325-078

Turner, In re

Ruling
Confirmation of Chapter 13 plan denied as it did not provide adequate protection or payment to secured creditor. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0325-048

Bishop, In re

Ruling
Relief from stay denied where debtors had met all of the creditor's adequate protection demands. (Bankr. D.S.C.)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on December 09, 2024 , LexisNexis #0325-007

Church, In re

Ruling
Debtor failed to demonstrate damages flowing from alleged stay violations. (Bankr. D.S.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #0125-005

Williams, In re

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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Consumer opinion summary, case decided on September 18, 2024 , LexisNexis #1224-071

Hoffman, In re

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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Consumer opinion summary, case decided on September 18, 2024 , LexisNexis #1224-065

Johnson, In re

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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Consumer opinion summary, case decided on August 28, 2024 , LexisNexis #1224-024

Turner, In re--Turner v. NewRez LLC

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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Commercial opinion summary, case decided on August 28, 2024 , LexisNexis #1224-021