Judge Waites

In re Gartman

Debtor filed for chapter 7 relief. Debtor did not disclose any possible tax refunds due to him in his original Schedule B filed with the petition. Debtor also did not inform the trustee prior to the meeting of creditors that he was entitled to a tax refund or that his Schedule B was incorrect. Debtor filed an amended Schedule C, seeking a $900.00 exemption for an anticipated tax refund. The trustee filed an objection to debtor's claim.
Ruling: 
Debtor could not amend schedules to seek exemption for tax refund previously concealed in bad faith.
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In re Eastport Golf Club Inc.

Debtor operated a golf course. Debtor filed a petition under chapter 11. Debtor filed its proposed plan of reorganization. The bankruptcy court entered an order setting a deadline to file ballots accepting or rejecting the plan. Creditor did not file a proof of claim prior to the initial confirmation hearing. The matter was before the bankruptcy court for a confirmation hearing. Debtor orally moved to allow the ballot of an assignee of creditor.
Ruling: 
Creditor's assignee could not vote on plan confirmation where creditor had not filed a proof of claim.
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In re Rayborn

Chapter 13 trustee objected to debtor's proposed plan pursuant to 11 U.S.C. § 1325(b)(1).
Ruling: 
Debtor who routinely received tax refunds was not required to adjust withholding for plan to meet disposable income requirement.
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In re Ulmer

The matter came before the court on a Rule to Show Cause requiring two attorneys and their law firm to appear and show cause why the court should not enter sanctions against them for their practices before the court.
Ruling: 
Firm sacntioned for failure to oversee activities of attorneys who filed questionable documents and routinely failed to appear in court.
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In re Livingston

A debtor filed a motion, pursuant to 11 U.S.C. § 1307(b), to voluntarily dismiss his chapter 13 bankruptcy case. A creditor filed a motion to convert the case to chapter 7. A bank filed a motion to dismiss the case.
Ruling: 
Voluntary dismissal granted as failure to file feasible plan was not cause for conversion.
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In re Harris

A creditor, the South Carolina Department of Social Services ("DSS"), filed a motion to dismiss with prejudice a debtor's chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307(c).
Ruling: 
Case dismissed with prejudice as attempt to avoid outstanding child support obligations.
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In re Etheridge

A chapter 13 trustee objected to the confirmation of a debtor's proposed chapter 13 plan, pursuant to 11 U.S.C. § 1325(b)(1), on the ground that the plan lacked feasibility.
Ruling: 
Plan confirmed despite reliance on contributions from family members given evidence of reliability.
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In re Monroe

The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case, pursuant to 11 U.S.C. § 521(i)(1) on the ground that the debtor failed to file all payment advices required by section 521(a)(1)(B)(iv) within 45 days of the petition date.
Ruling: 
Late filing of required payment advices without extension resulted in dismissal.
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In re Henderson

An attorney filed bankruptcy petitions on behalf of debtors, but the debtors'cases were dismissed after required documents were not filed. The debtors moved for disgorgement of fees paid to the attorney, and the bankruptcy court issued a rule to show cause why sanctions should not be imposed upon the attorney.
Ruling: 
Attorneys'fees ordered disgorged due to inaction that resulted in dismissal of case.
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In re Tubular Techs. LLC

A bankruptcy debtor was deemed to have rejected its commercial lease after it failed to obtain an order for an extension of time to accept or reject the lease within the time limit set by 11 U.S.C. § 365(d)(4)(B)(i). The debtor appealed the rejection order and moved the bankruptcy court for a stay of the order pending the appeal.
Ruling: 
Debtor's motion for stay pending appeal was denied since debtor had failed to move for extention of time to accept or reject contract within period allowed.
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