Judge Burris

In re Jones

Debtor filed a chapter 13 bankruptcy case. The chapter 13 Trustee filed a petition to dismiss the case alleging that the debtor was over the jurisdictional limits of 11 U.S.C.S. § 109(e) and was therefore ineligible for chapter 13 relief.
Ruling: 
Case ordered converted or dismissed due to unsecured debt in excess of chapter 13 limits.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0713-001

In re Tucker

Debtor moved for confirmation of her proposed chapter 13 plan. Creditor, which held the lien on debtor's mobile home, filed an objection to confirmation. The parties contested the value of the mobile home, which debtor testified had a value of $ 9,000. Creditor asserted that the plan did not meet the requirements of 11 U.S.C.S. § 1325(a)(5), so confirmation should be denied.
Ruling: 
Confirmation denied due to debtor's undervaluation of mobile home.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0513-138

Anderson v. Holmes (In re Holmes)

Plaintiff chapter 7 Trustee filed this action objecting to the discharge of defendant debtor pursuant to 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to conduct that was fraudulent or represented reckless indifference.
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Consumer case opionion summary, case decided on August 10,2012, LexisNexis #0912-022

In re Adams

The chapter 13 debtors filed a motion to return a repossessed vehicle and for damages and a motion for violation of the automatic stay pursuant to 11 U.S.C.S. § 362.
Ruling: 
Debtor's motion for return of vehicle repossessed after expiration of stay denied.
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Consumer case opionion summary, case decided on May 07,2012, LexisNexis #0512-117

Nix v. Tavernier (In re Nix)

Debtor's complaint stated that this adversary proceeding was an action to, inter alia: object to defendant creditor's proof of claim; enforce debtor's right to rescind a consumer credit transaction; void the creditor's alleged security interest in debtor's home; and recover actual, statutory, and punitive damages, costs and attorney's fees from the creditor pursuant to the Truth-In-Lending Act. The creditor moved to dismiss.
Ruling: 
Debtor's post-confirmation action against creditor barred by res judicata.
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Consumer case opionion summary, case decided on January 05,2012, LexisNexis #0212-033

In re Jeter

Movant trust company, as trustee for a loan fund, moved for relief from stay per 11 U.S.C.S. § 362 with respect to certain property owned by debtors, a married couple, in which a secured interest was claimed. Debtors filed an objection to any grant of relief on claims that movant was not a "party in interest" under § 362.
Ruling: 
Debtor's were barred by plan confirmation from asserting certain defenses to creditor's motion for relief from stay.
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Consumer case opionion summary, case decided on December 02,2011, LexisNexis #0112-006

Fort v. SunTrust Bank (In re International Payment Group Inc.)

Chapter 7 trustee filed an adversary proceeding against defendant bank, claiming, inter alia, that the bank committed breach of contract, breach of fiduciary duty, and tortious interference with contractual relations, and violated the South Carolina Unfair Trade Practices Act, S.C. Code Ann. § 39-5-10 et seq., and the South Carolina Uniform Commercial Code, S.C. Code Ann. § 36-4A- 102 et seq. The bank filed a motion to dismiss.
Ruling: 
Bank ordered to file motion for withdrawal of reference of trustee's contract claims or be deemed to consent to jurisdiction of bankruptcy court.
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Commercial case opionion summary, case decided on November 03,2011, LexisNexis #1211-061

In re Krueger

The former spouse of a bankruptcy debtor filed a priority claim based on the debtor's obligation to pay the spouse's mortgage and vehicle expenses under a divorce agreement. The debtor objected to the spouse's claim on the ground that the obligations were not domestic support obligations entitled to priority under 11 U.S.C.S. § 507(a)(1), and the spouse objected to confirmation of the debtor's plan which did not provide priority.
Ruling: 
Confirmation denied due to failure to treat domestic support order as priority secured claim.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-043

Kain v. Beneficial South Carolina Inc. (In re Kain)

Debtors filed a complaint asking the court: (1) to find, under 11 U.S.C.S. § 506(d), that defendant creditor had no secured interest in certain property; (2) to order the creditor to cancel a mortgage upon entry of a discharge order; (3) to order the chapter 13 trustee to treat the creditor's claim as unsecured; and (4) for attorney's fees. An entry of default was recorded against the creditor. The debtors moved for a default judgment.
Ruling: 
Mortgage could not be treated as unsecured as it was treated as secured by confirmed plan.
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Consumer case opionion summary, case decided on September 02,2011, LexisNexis #0911-118

In re Kobe Real Estate LLC

A chapter 11 debtor submitted an application to employ an attorney and law firm under Fed. R. Bankr. P. 2014(a) and 11 U.S.C.S. § 327(a). The United States Trustee (UST) objected on the grounds that the application failed to disclose representation of the debtor's principals, which might prevent the attorney from qualifying as disinterested under 11 U.S.C.S. § 101(14). In addition, the UST raised an issue regarding the source of the retainer.
Ruling: 
Debtor LLC could not employ attorney who was not disinterested due to representation of debtor's principals.
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Commercial case opionion summary, case decided on August 31,2011, LexisNexis #0911-108

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