Judge Waites

In re Schmale

The chapter 13 case was before the court upon the trustee's objection to the claim of creditor "F." Creditor "F" opposed the trustee's objection.
Ruling: 
Possibly duplicative claim disallowed when creditor failed to provide sufficient substantiation.
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Consumer case opionion summary, case decided on April 28,2009, LexisNexis #0709-131

Lewis v. Payne (In re Payne)

Plaintiff creditors sought a determination that the debt of a chapter 7 debtor arising from the construction of a home was excepted from dischargeable under 11 U.S.C.S. §§ 523(a)(2), 523(a)(4), and 523(a)(6).
Ruling: 
Debt related to debtor's incomplete performance under home construction contract was dischargeable.
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Consumer case opionion summary, case decided on April 07,2009, LexisNexis #0909-086

In re Namie

A trustee objected to confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C.S. § 1325(a)(3) and (b).
Ruling: 
Confirmation denied where debtor's housing expense exceeded personal net income.
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Consumer case opionion summary, case decided on August 05,2008, LexisNexis #0109-060

In re Hall

Debtors filed a motion to reopen their case in order to seek sanctions against creditor for filing an allegedly improper motion for relief from stay. The sanctions motion sought actual damages, including attorneys' fees and costs, emotional distress damages, treble damages pursuant to the South Carolina Unfair Trade Practices Act, and punitive damages.
Ruling: 
Debtors' delayed motion to reopen case to seek sanctions for allegedly improper motion for relief from stay denied.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #1208-063

In re Dendy

Chapter 13 debtors brought a motion to impose sanctions against two creditors that purportedly held or serviced the debtors' second mortgage against their residence, which lien was completely extinguished under the debtors' confirmed plan. Although the mortgage remained of record and the creditors had given a negative credit report prior to discharge, the creditors had taken no affirmative collection actions against the debtors.
Ruling: 
Creditors' failure to remove mortgage from land records was not an affirmative act that violated discharge injunction.
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Consumer case opionion summary, case decided on May 05,2008, LexisNexis #0808-033

In re Dendy

The debtors filed for relief under chapter 13 of the Bankruptcy Code, a plan was confirmed, the debtors made their payments, and the debtors received a discharge. The debtors filed a motion for sanctions against a creditor and an assignee claiming that they had violated the discharge injunction by failing to release a second mortgage on the debtors' residence.
Ruling: 
Mortgage for which there was no equity that creditor failed to release was void.
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Consumer case opionion summary, case decided on April 21,2008, LexisNexis #0708-133

In re Barton

A chapter 13 trustee objected to husband and wife debtors' motion for a hardship discharge pursuant to 11 U.S.C.S. § 1328(b).
Ruling: 
Debtors who did not establish that plan modification was impracticable denied hardship discharge.
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Consumer case opionion summary, case decided on April 18,2008, LexisNexis #0608-131

In re Grice

A debtor filed for relief under chapter 13 of the Bankruptcy Code. In an earlier proceeding, the court denied movant bank's motion for relief from the automatic stay. The bank claimed it was entitled to attorney's fees associated with the filing of the stay relief motion, and the debtor objected to the charge of attorney's fees associated with the motion.
Ruling: 
Creditor bank's attorneys' fees associated with motion for relief from stay denied.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0708-006

In re McFadden

A debtor filed for relief under chapter 13 of the United States Bankruptcy Code. A chapter 13 trustee filed a motion to dismiss, pursuant to 11 U.S.C.S. § 1307, on the grounds that the filing was done in bad faith and that the filing caused unreasonable delay and was prejudicial to creditors.
Ruling: 
Non-filing spouse's return to work was not sufficient change in circumstances to establish good faith in sixth case of a serial filer.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-056

In re Ferrell

The United States Trustee (UST) objected to the debtors' motion for an exemption from the personal financial management requirement, pursuant to 11 U.S.C.S. § 727(a)(11), on the grounds that the debtors did not meet the criteria for an exemption under 11 U.S.C.S. § 109(h)(4).
Ruling: 
Severely ill debtors granted extension of time to meet financial management course requirement or face closure of case without discharge.
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Consumer case opionion summary, case decided on February 21,2008, LexisNexis #0408-054

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