Judge Duncan

Taylor v. Davis (In re Davis)

Ruling: 
Debt was nondischargeable based on debtor's false statements regarding use of funds and embezzlement.
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Consumer case opionion summary, case decided on July 26,2013, LexisNexis #0813-082

In re Colonial Warehouse LLC

A creditor filed a motion to dismiss or, in the alternative, to convert a case under chapter 11 to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b)(1). The chapter 11 debtor opposed the motion.
Ruling: 
Case filed on eve of foreclosure with little potential for rehabilitation dismissed for lack of good faith.
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Commercial case opionion summary, case decided on May 20,2013, LexisNexis #0613-133

Rockstone Capital LLC v. Caimano (In re Caimano)

In an adversary proceeding, plaintiff creditor, who had obtained a state court judgment against defendant debtor prior to the debtor's bankruptcy filing, and who had engaged in state court proceedings to collect on this judgment, sought a denial of discharge under 11 U.S.C.S. § 727(a)(2). The court issued its findings of fact and conclusions of law.
Ruling: 
Discharge denied due to debtor's disposal of property in violation of post-judgment state court order.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0613-096

In re Ervin

This matter was before the court on debtor's motion to avoid the judicial lien of a lienholder.
Ruling: 
Debtor's failure to file statement of intention with regard to judicial lien impairing exemption did not preclude avoidance.
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Consumer case opionion summary, case decided on May 02,2013, LexisNexis #0613-048

In re Bamberg County Mem. Hosp.

Debtor hospital filed a petition under chapter 9 of the Bankruptcy Code, and an LLC that agreed to purchase the debtor's assets filed a claim in the amount of $1,054,173 against the debtor's bankruptcy estate after the sale did not close. The debtor and the LLC settled the LLC's claim, and the debtor asked the court to approve the settlement pursuant to Fed. R. Bankr. P. 9019. A company that sold health care equipment filed an objection.
Ruling: 
Settlement of claim after LLC's purchase of debtor's assets failed to close approved.
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Commercial case opionion summary, case decided on April 18,2013, LexisNexis #0513-103

In re Johnson

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order dismissing the debtor's case with prejudice for bad faith filing and seeking in rem relief against real property the debtor owned in Columbia, South Carolina. The debtor filed an objection to the UST's motion, and the court held a hearing on the motion and the debtor's objection.
Ruling: 
Debtor's fifth case in five years dismissed with prejudice on grounds of bad faith.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-092

In re Barnwell County Hosp.

Chapter 9 debtor, a rural hospital, filed a motion for authorization of a substitute asset purchase agreement (APA). Several parties objected to the motion. The debtor also filed a notice and application for settlement and compromise between the debtor and the original buyer under an earlier APA.
Ruling: 
Chapter 9 debtor's motion for authorization of substitute asset purchase agreement granted.
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Commercial case opionion summary, case decided on April 18,2013, LexisNexis #0513-094

In re Strickland

Debtor filed a petition under chapter 12 of the Bankruptcy Code, and a bank that held secured claims against property the debtor owned filed a motion to dismiss the debtor's case. Another bank joined the motion, as did the chapter 12 trustee.
Ruling: 
Case dismissed for unreasonable delay and bad faith.
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Consumer case opionion summary, case decided on March 07,2013, LexisNexis #0413-063

In re Hawkins

When movant, a chapter 11 debtor, sought confirmation of a proposed plan of reorganization, a lender with a $5.103 million claim secured by mortgages and by interests in timber and rents from real estate owned by debtor objected to confirmation on the basis that, contrary to 11 U.S.C.S. § 1129, the plan lacked feasibility, was not proposed in good faith, and did not provide adequate means of implementation.
Ruling: 
Confirmation of plan dependent on sale of real estate denied on feasibility grounds.
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Consumer case opionion summary, case decided on February 22,2013, LexisNexis #0313-127

Taylor v. Davis (In re Davis)

Creditors filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a). The debtor filed several motions relating to discovery and asked the court to issue an order which required the creditors to submit their claims to arbitration. The debtor and the creditors also filed cross- motions for summary judgment.
Ruling: 
Debtor's motion to compel arbitration of creditors' nondischargeability proceedings denied.
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Consumer case opionion summary, case decided on February 01,2013, LexisNexis #0213-114

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