Judge Waites

In re Reserve Golf Club of Pawleys Island LLC

A chapter 11 debtor in possession filed a motion for an order authorizing the sale of assets free and clear of certain liens, claims, encumbrances, and other interests pursuant to 11 U.S.C.S. § 363 and authorizing the assumption and assignment of certain executory contracts pursuant to 11 U.S.C.S. § 365. An official committee of unsecured creditors (committee) objected.
Ruling: 
Sale of golf club owned by debtor approved given consent of two-thirds of members as required by membership plan.
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Commercial case opionion summary, case decided on March 23,2010, LexisNexis #0810-005

Griffin v. Herman (In re Griffin)

Chapter 13 debtor filed an adversary proceeding against defendant creditor asserting a violation of the automatic stay and the co-debtor stay and seeking relief for the alleged violations under 11 U.S.C.S. § 362(k).
Ruling: 
Creditor did not intentionally violate stay by failing to prevent sheriff's postpetition execution efforts.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-008

In re Overstreet

The chapter 13 debtors filed an application for approval of employment nunc pro tunc pursuant to 11 U.S.C.S. § 327(a) and an application to approve settlement nunc pro tunc. Both applications arose from their pre-petition employment of attorneys to represent them in a personal injury action. The trustee filed objections to both applications.
Ruling: 
Retention of personal injury attorneys hired by debtor prepetition approved nunc pro tunc, though such approval was not necessary.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-001

In re Estates of Lake Blalock LLC

The creditor, the debtor's secured real estate lender, filed a motion for relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1).
Ruling: 
Mortgage creditor granted relief from stay to foreclose in single asset real estate case due to lack of adequate protection.
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Commercial case opionion summary, case decided on February 16,2010, LexisNexis #0610-079

In re Okigbo

The debtor filed a motion to enforce the automatic stay of 11 U.S.C. § 362(a) against the creditor, a credit union, that acted unilaterally to freeze funds of the debtor on deposit with it, in order to be able to effect a setoff. The credit union filed, after the fact, a motion for relief from the automatic stay.
Ruling: 
Relief from stay denied to credit union that violated stay by freezing debtor's account.
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Consumer case opionion summary, case decided on December 29,2009, LexisNexis #0210-109

In re Lee

A bankruptcy debtor claimed ownership of commercial real property but a state court determined that another person was the sole owner of the property. The owner moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d)(1) to allow the debtor's appeal of the state-court judgment to proceed.
Ruling: 
Relief from stay granted to allow debtor's appeal in property ownership dispute to proceed in interests of finality.
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Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0410-112

In re Gregg

Plaintiff Chapter 13 debtors filed an action against defendant pawnbroker contending that the pawnbroker violated the automatic stay when it refused to return a car to them that the pawnbroker had seized prepetition. The debtors sought return of the vehicle, actual and punitive damages, and attorney's fees. The parties filed cross-motions for summary judgment.
Ruling: 
Sanctions ordered unless creditor complied with prior order to redact private information from proofs of claim within ten days.
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Consumer case opionion summary, case decided on June 09,2009, LexisNexis #0709-106

In re Westerfield

The matter came before the court for a hearing to consider confirmation of debtor's chapter 13 plan. A creditor objected to confirmation on the ground that the plan impermissibly valued its purchase money security interest in a pickup truck under 11 U.S.C.S. § 1325 by bifurcating the claim into secured and unsecured claims.
Ruling: 
Security interest in truck acquired primarily for business use and only occasionally for personal use was not protected from bifurcation by hanging paragraph.
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Consumer case opionion summary, case decided on June 08,2009, LexisNexis #0709-127

In re Medlin

The matter came before the court for confirmation of debtors' chapter 13 plan. The chapter 13 trustee requested that the court deny confirmation based upon debtors' failure to disclose assets, asserting that the information contained in debtors' tax returns called into question the accuracy of the information provided in the schedules.
Ruling: 
Confirmation denied due to debtor's failure to disclose tools used in business.
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Consumer case opionion summary, case decided on June 05,2009, LexisNexis #0709-128

In re Brown

Debtor requested the court to declare void certain judgments entered against the debtor in favor of creditors based on violations of the automatic stay under 11 U.S.C.S. § 362 in effect upon the filing of his chapter 13 bankruptcy petition.
Ruling: 
Postpetition judgments concerning postpetition debt did not violate stay and were not voidable.
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Consumer case opionion summary, case decided on May 14,2009, LexisNexis #0709-135

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