Judge Duncan

In re Symeonidis

A bankruptcy trustee asserted that a bankruptcy debtor filed his bankruptcy petition solely to benefit from the automatic bankruptcy stay with no intention of implementing a plan. The trustee moved to dismiss the debtor's case based on the bad faith of the debtor.
Ruling: 
Case dismissed for bad faith as debtor filed solely to benefit from stay and did not intend to implement a plan.
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Consumer case opionion summary, case decided on July 24,2012, LexisNexis #0812-065

In re Erickson

This matter was before the court to consider correspondence received from a creditor attempting to initiate an adversary proceeding and asking that debtor's bankruptcy case be reopened. A hearing was held.
Ruling: 
Creditor could not reopen case to file untimely nondischargeablility proceeding.
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Consumer case opionion summary, case decided on July 19,2012, LexisNexis #0812-071

In re Macauley

A creditor filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) on the grounds that a chapter 13 debtor filed his petition as part of a scheme to delay, hinder, or defraud creditors.
Ruling: 
Relief from stay due to efforts to delay, hinder or defraud mortgagee through multiple bankruptcy cases and transfers.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-009

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

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