Judge Waites

In re Ferguson

A bank filed a motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2). The chapter 11 debtor objected to the motion.
Ruling: 
Bank granted relief from stay to pursue state law remedies against debtor's parcel of land.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0512-119

In re Eichelberger

Two creditors filed an amended motion for relief from stay, seeking an order pursuant to 11 U.S.C.S. § 362(d) terminating the stay or, alternatively, annulling the stay retroactively. Both the debtor and the chapter 13 trustee filed objections.
Ruling: 
Retroactive relief from stay denied where creditor and probate court proceeded with hearing against debtor despite knowledge of bankruptcy filing.
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Consumer case opionion summary, case decided on January 31,2012, LexisNexis #0512-120

In re Neals

The loan servicer for Chapter 13 debtors' mortgage filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and § 362(d)(2).
Ruling: 
Loan service, designated payee under confirmed chapter 13 plan, granted relief from stay as real party in interest after debtor failed to make payments.
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Consumer case opionion summary, case decided on October 06,2011, LexisNexis #1111-003

In re Priester

A Chapter 13 debtor filed an objection to a claim filed by his former wife on the grounds that it was not a domestic support obligation entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) and thus, it should be treated as an unsecured, non-priority claim.
Ruling: 
Amount owed to former spouse as "balancing of the equities" was not a domestic support order and was an unsecured, non-priority claim.
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Consumer case opionion summary, case decided on July 22,2011, LexisNexis #1011-012

In re Bamberg County Mem. Hosp.

Debtor, a county hospital, asked the court to find that the appointment of a patient care ombudsman (PCO) pursuant to 11 U.S.C.S. § 333(a)(1) was not necessary for the protection of patients of the hospital. No creditor or other party in interest appeared through the U.S. Trustee filed a response thereto.
Ruling: 
Appointment of patient care ombudsman for chapter 9 debtor county hospital not necessary as debtor was in compliance with regulations and had appropriate procedures and staffing in place.
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Commercial case opionion summary, case decided on July 18,2011, LexisNexis #1011-002

In re Clements

A creditor filed a motion seeking relief from the automatic stay as to real property pursuant to 11 U.S.C.S. § 362(d) on the grounds that a Chapter 13 debtor was delinquent in making post-petition mortgage payments. The debtor filed an objection and requested reimbursement of the attorney's fees incurred in defending the motion.
Ruling: 
Sanctions warranted for creditor's filing of motion for relief from stay without cause based on inaccurate information.
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Consumer case opionion summary, case decided on July 05,2011, LexisNexis #1011-007

In re Daufuskie Island Props. LLC

Movant, the Chapter 11 trustee, sought authorization per 11 U.S.C.S. § 363(b) and § 363(f) and Fed. R. Bankr. P. 6004 to sell real and personal property comprising a golf course free of liens, claims, encumbrances and other interests and other than in the ordinary course of business in a transaction. Some objections were filed. Issues included whether a "break-up" fee was properly paid to a stalking horse buyer (SHB).
Ruling: 
Sale of golf course free and clear approved, including "break up fee" to stalking horse bidder.
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Commercial case opionion summary, case decided on June 17,2011, LexisNexis #1011-009

In re Ashley Oaks Dev. Corp.

A creditor filed a motion to dismiss a Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b) or , in the alternative, to convert the case to a case under Chapter 7. The United States Trustee (UST) filed a response requesting that the case be converted to Chapter 7. The debtor objected to the motion.
Ruling: 
Case ordered dismissed for cause due to failure to file disclosure statement or a timely plan, failure to pay taxes on mortgaged property and diminution of estate.
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Commercial case opionion summary, case decided on March 29,2011, LexisNexis #0411-127

In re Bliek

A chapter 7 debtor filed a motion to dismiss under 11 U.S.C.S. § 521(i)(1) on the basis that he failed to file all of the information required under 11 U.S.C.S. § 521(a)(1).
Ruling: 
Debtor could not seek to use automatic dismissal for failure to file required information in order to avoid court ordered sale of property.
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0611-010

Grayson Consulting Inc. v. Wachovia Securities LLC (In re Derivium Capital LLC)

In a prior proceeding, the court concluded that the recovery of commissions from defendant brokers could be barred as a matter of law under 11 U.S.C.S. § 544 by virtue of the "stockbroker defense" of 11 U.S.C.S. § 546(e). The limited issue before the court was whether the payments were reasonable and customary in the securities industry.
Ruling: 
Brokerage commissions that were protected from recovery were customary and reasonable in amount.
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Commercial case opionion summary, case decided on February 15,2011, LexisNexis #0311-104

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