South Carolina

In re Symeonidis

A bankruptcy trustee asserted that a bankruptcy debtor filed his bankruptcy petition solely to benefit from the automatic bankruptcy stay with no intention of implementing a plan. The trustee moved to dismiss the debtor's case based on the bad faith of the debtor.
Ruling: 
Case dismissed for bad faith as debtor filed solely to benefit from stay and did not intend to implement a plan.
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Consumer case opionion summary, case decided on July 24,2012, LexisNexis #0812-065

In re Erickson

This matter was before the court to consider correspondence received from a creditor attempting to initiate an adversary proceeding and asking that debtor's bankruptcy case be reopened. A hearing was held.
Ruling: 
Creditor could not reopen case to file untimely nondischargeablility proceeding.
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Consumer case opionion summary, case decided on July 19,2012, LexisNexis #0812-071

In re Macauley

A creditor filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) on the grounds that a chapter 13 debtor filed his petition as part of a scheme to delay, hinder, or defraud creditors.
Ruling: 
Relief from stay due to efforts to delay, hinder or defraud mortgagee through multiple bankruptcy cases and transfers.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-009

In re Ferguson

Debtor declared chapter 11 bankruptcy and filed an amended disclosure statement for his second amended chapter 11 bankruptcy plan. The court conducted a hearing on the debtor's disclosure statement.
Ruling: 
Approval of amended disclosure statement denied due to failure to provide creditors with sufficient information to make informed decision on plan.
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Consumer case opionion summary, case decided on July 06,2012, LexisNexis #0912-096

In re Quint

A special administrator appointed by a county probate court filed a motion to represent the estate and interests of a deceased chapter 13 debtor and to convert the debtor's case to a case under chapter 7.
Ruling: 
Special administrator appointed by probate court could represent interests of deceased chapter 13 debtor.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0712-138

In re Madawaska Hardscape Prods.

Creditor filed an emergency motion for an order prohibiting a chapter 11 debtor from using cash collateral. The creditor also filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362(d) and the debtor filed a motion for use of cash collateral.
Ruling: 
Relief from stay granted subject to debtor's making adequate protection payments.
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Commercial case opionion summary, case decided on June 08,2012, LexisNexis #0712-042

In re Ferguson

A bank filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2) and a waiver of the 140-day stay of the order provided in Fed. R. Bankr. P. 4001(a)(3). The debtor objected to the bank's motion.
Ruling: 
Relief from stay denied where property was necessary for debtor's reasonably possible reorganization despite lack of equity.
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Consumer case opionion summary, case decided on May 31,2012, LexisNexis #0712-078

In re Bamberg County Mem. Hosp.

A hearing was held on confirmation of a first amended plan for adjustment of debts pursuant to chapter 9, as modified, filed by the debtor, a county hospital. Prior to or at the conclusion to the hearing, all objections to the plan were consensually resolved except for the objection of a creditor.
Ruling: 
Debtor hospital's chapter 9 plan based on asset purchase agreement approved.
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Commercial case opionion summary, case decided on May 23,2012, LexisNexis #0612-057

In re Adams

The chapter 13 debtors filed a motion to return a repossessed vehicle and for damages and a motion for violation of the automatic stay pursuant to 11 U.S.C.S. § 362.
Ruling: 
Debtor's motion for return of vehicle repossessed after expiration of stay denied.
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Consumer case opionion summary, case decided on May 07,2012, LexisNexis #0512-117

In re Vetter

This matter was before the court on the motion of the United States Trustee (UST) to dismiss this case under 11 U.S.C.S. §§ 707(a), 105(a). No response was filed on behalf of the debtor.
Ruling: 
Deceased debtor's case dismissed due to counsel's failure to take appropriate action.
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Consumer case opionion summary, case decided on May 07,2012, LexisNexis #0512-133

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