South Carolina

In re Woodward

A creditor objected to confirmation of a proposed chapter 13 plan on grounds that the plan did not adequately protect its interest in the collateral, a mobile home, and that the collateral was not properly valued.
Ruling: 
Objection to confirmation based on improper valuation and lack of adequate protection sustained.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-023

In re Biddle

Chapter 11 debtors filed an application for employment of an attorney to represent them as debtors-in-possession. The U.S. Trustee objected.
Ruling: 
Application for employment of attorneys for debtor in possession denied due to failure to disclose insider status.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-038

McDow v. Salmons (In re Roberts)

The court issued a rule requiring bankruptcy petition preparer to appear before the court and to show cause why he should not be held in civil contempt for acting as a bankruptcy petition preparer and engaging in the unauthorized practice of law in violation of an earlier order permanently enjoining him from such practice.
Ruling: 
Bankruptcy petition preparer held in contempt for acting as preparer and engaging in unauthorized practice of law in violation of prior injunction.
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Consumer case opionion summary, case decided on November 27,2012, LexisNexis #1212-107

In re Martellini

This matter came before the court for confirmation of debtor's chapter 13 plan. The chapter 13 Trustee objected to confirmation. The court held a hearing regarding confirmation of the proposed plan.
Ruling: 
Reaffirmation denied for lack of good faith where debtor's family would pay for retained luxury items while debtor paid less than 30 percent of unsecured debt.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-067

In re Fickling

At a hearing on confirmation of debtor's chapter 13 plan, the issue was whether a buyout obligation of the debtor and owed to creditor wife was a domestic support obligation as defined by 11 U.S.C.S. § 101(14A), entitled to priority treatment under 11 U.S.C.S. § 507(a)(1), or whether it was part of a property settlement between the two.
Ruling: 
Payments to former spouse intended as part of property settlement were not nondischargeable domestic support obligations.
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #1012-122

In re Bolin

Debtor moved for an order finding that defendant, a creditor of debtor, had willfully violated the automatic stay in 11 U.S.C.S. § 362 and was liable to debtor for damages by reason thereof.
Ruling: 
Actual and punitive damages awarded for creditor's willful and knowing violation of stay through harassment and threats.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-008

In re Low Country Land LLC

A creditor objected to a debtor's chapter 11 plan.
Ruling: 
Confirmation denied due to proposal to sell property for less than full value.
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Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-063

In re Hawkins

Before the court was a Motion to Allow Late Filed Claim and to Allow Claim for Voting Purposes filed by a bank. An Objection to Bank's Motion was filed by debtor. A hearing was held and the court took the matter under advisement.
Ruling: 
Late filed proof of claim allowed where debtor amended schedules prior to proof of claim deadline to no longer list claim as disputed, so that claim was deemed filed.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #0912-093

Anderson v. Holmes (In re Holmes)

Plaintiff chapter 7 Trustee filed this action objecting to the discharge of defendant debtor pursuant to 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to conduct that was fraudulent or represented reckless indifference.
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Consumer case opionion summary, case decided on August 10,2012, LexisNexis #0912-022

McDow v. Ward (In re Ward)

Adversary plaintiff, the United States Trustee, brought a complaint against defendant debtor pursuant to 11 U.S.C.S. § 727(a), seeking to deny the debtor a discharge.
Ruling: 
Discharge denied due to transfers intended to hinder and delay and reckless indifference.
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Consumer case opionion summary, case decided on August 02,2012, LexisNexis #0912-020

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