Judge Waites

In re Bowen

A trustee objected to confirmation of a debtor's chapter 13 plan based on a lack of good faith in filing the petition under 11 U.S.C. § 1325(a)(7).
Ruling: 
Filing of three cases within one year causing delays to creditors indicated bad faith on the part of debtor.
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Consumer case opionion summary, case decided on January 09,2008, LexisNexis #0108-129

In re Randal

A debtor filed for relief under chapter 13. After the petition was filed, counsel agreed to represent the debtor for a fee of $3,000 and counsel accepted a retainer payment of $100. Debtor's counsel filed a motion to expedite an attorney fee payment.
Ruling: 
Expedited full payment of debtor's attorneys fees prior to payment of other creditors denied.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-019

In re Robinson

Pursuant to 11 U.S.C. § 362(c)(3)(A), the automatic stay provided was scheduled to terminate on October 27, 2007, the 30th day after the filing of their second bankruptcy petition. On October 23, 2007, the debtors filed a motion to extend the automatic stay and a motion to convert their case to a case under chapter 13. On October 31, 2007, the court entered an order granting the debtors' motion to convert their case to a case under chapter 13.
Ruling: 
Second-time debtor could not extend stay in converted case where motion was filed before expiration but timely hearing was not scheduled.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-038

Workman v. GMAC Mortg. LLC (In re Workman)

Plaintiff debtors commenced this adversary seeking to hold defendant, the holder of the first mortgage on their principal residence, in civil contempt. Debtors sought damages for the mortgage holder's actions and requested that the court fashion a fair and equitable remedy pursuant to 11 U.S.C. § 105 to prevent further harm to debtors. A default judgment was entered against the mortgage holder. Pending was a damages hearing.
Ruling: 
Debtors entitled to punitive damages due to creditor's failure to credit predischarge payments and unauthorized fees.
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Consumer case opionion summary, case decided on November 21,2007, LexisNexis #1207-095

Supreme Court v. Sipes (In re Sipes)

Plaintiffs, the Supreme Court of South Carolina, the Lawyers' Fund for Client Protection, and Office of Disciplinary Counsel ("ODC"), filed an adversary proceeding against defendant debtor seeking to deny the debtor a discharge for an obligation owed to the Fund, pursuant to 11 U.S.C. § 523(a)(2)(A) and (4). Plaintiffs filed a motion for summary judgment.
Ruling: 
Disbarred attorney's obligation to client security fund was nondischargeable.
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Consumer case opionion summary, case decided on November 09,2007, LexisNexis #0108-007

In re Barnes

The chapter 13 trustee filed objections to the confirmation of debtor's chapter 13 plan, pursuant to 11 U.S.C. § 1325(b). The debtor and her non-debtor spouse were above median income earners, and the trustee asserted that the debtor's statement of current monthly income should include $500 to reflect her spouse's work bonus income, and that her monthly telecommunication expenses should be reduced to $140.
Ruling: 
Confirmation denied due to failure to include non-debtor spouse's annual bonus in annual income calculation.
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Consumer case opionion summary, case decided on October 26,2007, LexisNexis #1207-062

In re Derivium Capital LLC

The matter came before the court upon the chapter 7 trustee's notice and application for sale of property free and clear of liens and settlement of claims in connection therewith (application). Several parties referred to by the court as "active creditors" filed an objection to the application, with which four other "active creditors" joined.
Ruling: 
Settlement including mandatory release of creditors' claims against non-debtor third parties was not in best interests of the estate and could not be approved.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-063

In re Derivium Capital LLC

A debtor limited liability company (LLC) originally filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. A chapter 7 trustee filed a notice and application for sale of property. The objecting parties filed an objection under seal to the application. A partial owner of the LLC orally moved to seal certain exhibits admitted during the hearing on the application.
Ruling: 
Protective orders covering discovery did not provide and independent basis for sealing exhibits entered into evidence at hearing on sale of property.
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Commercial case opionion summary, case decided on October 22,2007, LexisNexis #1207-064

In re Wilson

Secured creditor and mortgagee of the debtor brought a motion to compel, seeking to direct debtor to either surrender, redeem, or reaffirm the mortgage debts owed to the creditor pursuant to 11 U.S.C. § 521(a)(2). Debtor timely objected to the motion to compel, and asserted that she was entitled to a "ride through" of the oversecured debts, so long as she made current payments on the obligations, she was not required to make such an election.
Ruling: 
Debtor's entitlement to "ride through" of oversecured debts unaffected by BAPCPA.
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In re Kelley

Debtors, through their attorney, issued a subpoena to a creditor to obtain documents relating to a potential claim that the debtors might have had against the creditor regarding an alleged improper setoff of debtors'social security benefits. The creditor sought to quash the subpoena because it was issued without the debtors first obtaining a court order permitting them to examine the creditor.
Ruling: 
Subpoena from debtor's attorney to creditor quashed in absence of required examination.
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