Judge Duncan

In re Bamberg County Mem. Hosp.

A hearing was held on confirmation of a first amended plan for adjustment of debts pursuant to chapter 9, as modified, filed by the debtor, a county hospital. Prior to or at the conclusion to the hearing, all objections to the plan were consensually resolved except for the objection of a creditor.
Ruling: 
Debtor hospital's chapter 9 plan based on asset purchase agreement approved.
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Commercial case opionion summary, case decided on May 23,2012, LexisNexis #0612-057

In re Vetter

This matter was before the court on the motion of the United States Trustee (UST) to dismiss this case under 11 U.S.C.S. §§ 707(a), 105(a). No response was filed on behalf of the debtor.
Ruling: 
Deceased debtor's case dismissed due to counsel's failure to take appropriate action.
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Consumer case opionion summary, case decided on May 07,2012, LexisNexis #0512-133

In re Lafferty

The debtors filed motions to avoid a judicial lien under 11 U.S.C.S. § 522(f). A chapter 7 trustee filed objections to the debtors' claims of homestead exemption under S.C. Code Ann. § 15-41-30(A)(1). The trustee and a creditor filed objections to the debtors' motions. The creditor joined in the trustee's objections. The debtors were formerly married, and the exemption at issue was in jointly owned property. Thus, the matters were tried together.
Ruling: 
Debtors who were not entitled to a homestead exemption due to unclean hands could not avoid judicial lien.
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Consumer case opionion summary, case decided on April 03,2012, LexisNexis #0412-113

In re Lakeside Dev. LLC

A bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2). The chapter 7 trustee objected to the motion.
Ruling: 
Relief from stay denied because value of property exceeded bank's claim and to allow trustee to attempt to sell property.
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Commercial case opionion summary, case decided on February 24,2012, LexisNexis #0312-074

Tison v. Household Fin. Corp. II (In re Tison)

Before the court was a motion for summary judgment filed by defendant creditors and a motion for summary judgment filed by plaintiff debtor. This adversary was filed seeking sanctions against the creditors for violation of the discharge injunction as well as an injunction against further collection efforts by the creditors of amounts allegedly not contained in the parties' reaffirmation agreement. A creditor counterclaimed.
Ruling: 
Previously approved reaffirmation agreement that was mathematically impossible to perform rescinded.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0312-126

In re Washington

The attorney for the chapter 11 debtors filed an application for compensation, to which the debtors objected.
Ruling: 
Debtor's attorneys' fees reduced by 15 percent due to discrepancy between disclosure of fixed fee to court and agreement with debtor for hourly rates.
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Consumer case opionion summary, case decided on January 30,2012, LexisNexis #0212-107

Fischbach v. Centers for Medicare and Medicaid Servs. (In re Fischbach)

Chapter 7 debtor filed an adversary proceeding against an agency of the U.S. Government and an LLC, seeking a determination that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524 when he received a discharge under 11 U.S.C.S. § 727. The parties filed cross-motions for summary judgment on the debtor's claims.
Ruling: 
Government's continued withholding of Medicare payments from debtor to recoup overpayments did not violate discharge injunction.
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Consumer case opionion summary, case decided on January 10,2012, LexisNexis #0212-020

In re Clark

Chapter 7 trustee filed an adversary proceeding against defendant debtor to revoke the debtor's discharge under 11 U.S.C.S. § 727(d)(1). The trustee filed a motion for summary judgment.
Ruling: 
Discharge revoked due to failure to list several properties.
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Consumer case opionion summary, case decided on November 16,2011, LexisNexis #0112-027

Godowns v. Brush (In re Brush)

Creditor filed a complaint against chapter 7 debtor seeking a determination that her damages claim against the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). At the conclusion of the creditor's case, the debtor moved for a directed verdict on all causes of action.
Ruling: 
Misrepresentation by debtor contractor on which creditor relied resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 10,2011, LexisNexis #1211-014

Drennan v. Hunnicutt (In re Hunnicutt)

Creditor filed an adversary proceeding seeking determination of the nondischargeability of his state court judgment against chapter 7 debtor under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6). The debtor filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Proceeding for nondischargeability of state court judgment dismissed without prejudice as insufficiently pled.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-044

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