Niemiec, In re
Aug
19
2024
Ruling
Debtor's Chapter 13 plan was denied as not feasible and not proposed in good faith based on his failure to provide accurate and consistent financial information, his delinquency in plan payments, and his pre-petition bad faith conduct. (Bankr. D.S.C.)
Issue(s)
Conversion or Dismissal; For Cause.
ABI Membership is required to access the full summary of Niemiec, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Carolina Constructors & Invs., LLC, In re
Jun
26
2020
Ruling
Motion to dismiss involuntary petition denied because petitioning creditors demonstrated a prima facie case that their claims were not subject to a bona fide dispute. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases; Commencement.
ABI Membership is required to access the full summary of Carolina Constructors & Invs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Burris ) [ Bankruptcy Court ]
- 11 U.S.C.
Herrin, In re--Connector 2000 Ass’n v. Herrin
Oct
10
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Herrin, In re--Connector 2000 Ass’n v. Herrin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dozier Fin., Inc., In re--Haigler v. Dozier
May
24
2018
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.)
Issue(s)
Change of venue; For Convenience of Parties or Witnesses.
ABI Membership is required to access the full summary of Dozier Fin., Inc., In re--Haigler v. Dozier Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Simpson, In re
Jan
24
2018
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.)
Issue(s)
Contents of Plan; Discretionary Provisions.
ABI Membership is required to access the full summary of Simpson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Simpson, In re
Jan
24
2018
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.)
Issue(s)
Contents of Plan; Discretionary Provisions.
ABI Membership is required to access the full summary of Simpson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Simpson, In re
Jan
24
2018
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.)
Issue(s)
Contents of Plan; Discretionary Provisions.
ABI Membership is required to access the full summary of Simpson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Palcher, In re
Jan
16
2018
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.
ABI Membership is required to access the full summary of Palcher, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Santos, In re
Dec
08
2017
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.)
Issue(s)
Property of the Estate; Exclusions; Power Exercised by Debtor for Benefit of Another.
ABI Membership is required to access the full summary of Santos, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Knight, In re
Nov
06
2017
Ruling
Trustee was not entitled to sell property in question clear from judgment liens as he did not provide any authority establishing that he could do so freely. (Bankr. D.S.C.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest; Interest in a Bona Fide Dispute.
ABI Membership is required to access the full summary of Knight, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: