Judge Duncan

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

In re Woodward

A creditor objected to confirmation of a proposed chapter 13 plan on grounds that the plan did not adequately protect its interest in the collateral, a mobile home, and that the collateral was not properly valued.
Ruling: 
Objection to confirmation based on improper valuation and lack of adequate protection sustained.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-023

In re Biddle

Chapter 11 debtors filed an application for employment of an attorney to represent them as debtors-in-possession. The U.S. Trustee objected.
Ruling: 
Application for employment of attorneys for debtor in possession denied due to failure to disclose insider status.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-038

In re Martellini

This matter came before the court for confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation. The court held a hearing regarding confirmation of the proposed plan.
Ruling: 
Reaffirmation denied for lack of good faith where debtor's family would pay for retained luxury items while debtor paid less than 30 percent of unsecured debt.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-067

In re Bolin

Debtor moved for an order finding that defendant, a creditor of debtor, had willfully violated the automatic stay in 11 U.S.C.S. § 362 and was liable to debtor for damages by reason thereof.
Ruling: 
Actual and punitive damages awarded for creditor's willful and knowing violation of stay through harassment and threats.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-008

In re Low Country Land LLC

A creditor objected to a debtor's chapter 11 plan.
Ruling: 
Confirmation denied due to proposal to sell property for less than full value.
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Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-063

In re Hawkins

Before the court was a Motion to Allow Late Filed Claim and to Allow Claim for Voting Purposes filed by a bank. An Objection to Bank's Motion was filed by debtor. A hearing was held and the court took the matter under advisement.
Ruling: 
Late filed proof of claim allowed where debtor amended schedules prior to proof of claim deadline to no longer list claim as disputed, so that claim was deemed filed.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-093

McDow v. Ward (In re Ward)

Adversary plaintiff, the United States Trustee, brought a complaint against defendant debtor pursuant to 11 U.S.C.S. § 727(a), seeking to deny the debtor a discharge.
Ruling: 
Discharge denied due to transfers intended to hinder and delay and reckless indifference.
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Consumer case opionion summary, case decided on August 02,2012, LexisNexis #0912-020

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