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Versace, In re

Ruling
Confirmation of the debtor's plan denied where debtor overstated her household size to present herself as a below-median income debtor. (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 April 26, 2017 , LexisNexis #0517-144

Clark, In re--Robbins v. Clark

Ruling
Debtor's discharge denied after evidence showed that debtor intentionally made falsestatements under oath regarding his bankruptcy estate. (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 February 13, 2017 , LexisNexis #0317-080

In re Blvd. Entm't Greenville, LLC

Ruling
Debtor's bankruptcy case dismissed for gross mismanagement of the estate. (Bankr. D.S.C.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes "Cause".

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Commercial opinion summary, case decided on January 24, 2017 , LexisNexis #0217-095

Fort v. Volkswagen Grp. of America (In re Stotz Fredenhagen Indus.)

Ruling
Trustee’s conspiracy claim against automobile manufacturers who contracted with debtor wasbarred by the statute of limitations which had not been tolled. (Bankr. D.S.C.)
Issue(s)
Were trustee’s conspiracy claims against automobile manufacturers barred by the statute of limitations?

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Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-062

In re Southern Mfg. Grp. LLC

Ruling
Motion for sale of debtor’s assets free and clear denied.
Issue(s)
Could sale of debtor’s assets free and clear be approved?

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Commercial opinion summary, case decided on June 08, 2016 , LexisNexis #0716-096

Fort v. Kudeviz (In re Genesis Press Inc.)

Ruling
Summary judgment in proceeding to recover debtor’s alleged overpayment of interest denied.
Issue(s)
Could trustee avoid and recover alleged prepetition overpayments of principal and/or interest on loans?

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Commercial opinion summary, case decided on May 27, 2016 , LexisNexis #0716-108

Fort v. Cilwa (In re Cilwa)

Ruling
Debtor's postpetition sale of property owned by trust he controlled without bankruptcy court permission was avoidable.
Issue(s)
Could trustee avoid debtor's postpetition sale of property owned by trust debtor controlled?

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Consumer opinion summary, case decided on April 15, 2016 , LexisNexis #0516-090

In re Cliwa

Ruling
Conversion from chapter 7 to chapter 13 denied where debtor acted in bad faith, had not established eligibility and could not show that creditors would not receive less than in chapter 7.
Issue(s)
Should debtor's chapter 7 case be voluntarily converted to chapter 13?

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Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-092

Robbins v. Haynes (In re Haynes)

Ruling
Discharge denied due to debtor's omissions from schedules.
Issue(s)
Should debtor's discharge be denied due to omissions from schedules?

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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-030

Fort v. Branch Banking & Trust Co. (In re JAT Inc.)

Ruling
Default entered by clerk in avoidance proceeding vacated where transferee had a valid defense.
Issue(s)
Should a default entered by the clerk in a fraudulent transfer proceeding be set aside or should a judgment of default enter?

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Commercial opinion summary, case decided on March 16, 2016 , LexisNexis #0416-060