- 11 U.S.C.
In re Holt
Sep
12
2013
Ruling
Debtor could not claim state exemptions in note payable to LLC rather than in distributional interests in LLC.
Issue(s)
Could debtors claim state exemptions in note payable to LLC of which each had held a 50 percent interest and still had distributional interests.
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Court
:
In re Oncale
Aug
28
2013
Ruling
Retroactive relief from stay to validate postpetition foreclosure denied.
Issue(s)
Whether there were grounds for granting a creditor's motion seeking retroactive relief from the stay that was imposed when a debtor declared chapter 13 bankruptcy, in order to validate a foreclosure sale that occurred after the debtor declared bankruptcy and an action evicting the debtor from his residence.
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Court
:
Taylor v. Davis (In re Davis)
Jul
26
2013
Ruling
Debt was nondischargeable based on debtor's false statements regarding use of funds and embezzlement.
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Court
:
- 11 U.S.C.
In re Colonial Warehouse LLC
May
20
2013
Ruling
Case filed on eve of foreclosure with little potential for rehabilitation dismissed for lack of good faith.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Rockstone Capital LLC v. Caimano (In re Caimano)
May
13
2013
Ruling
Discharge denied due to debtor's disposal of property in violation of post-judgment state court order.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Ervin
May
02
2013
Ruling
Debtor's failure to file statement of intention with regard to judicial lien impairing exemption did not preclude avoidance.
Procedural posture
This matter was before the court on debtor's motion to avoid the judicial lien of a lienholder.
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Court
:
- FRBP
In re Bamberg County Mem. Hosp.
Apr
18
2013
Ruling
Settlement of claim after LLC's purchase of debtor's assets failed to close approved.
Procedural posture
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.
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Court
:
In re Barnwell County Hosp.
Apr
18
2013
Ruling
Chapter 9 debtor's motion for authorization of substitute asset purchase agreement granted.
Procedural posture
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.
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Court
:
In re Johnson
Apr
18
2013
Ruling
Debtor's fifth case in five years dismissed with prejudice on grounds of bad faith.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Strickland
Mar
07
2013
Ruling
Case dismissed for unreasonable delay and bad faith.
Procedural posture
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.
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Court
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