South Carolina

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.
ABI Membership is required to access the full summary of In re Grice. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0708-006

In re Gabriel

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed a motion for turnover of the debtor's 2006 tax refund. The debtor filed a motion to convert the matter to a chapter 13 proceeding.
Ruling: 
Conversion to chapter 13 denied due to pattern of misconduct in chapter 7 case.
ABI Membership is required to access the full summary of In re Gabriel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0408-121

In re Harris

The debtor filed a motion for a hardship discharge under 11 U.S.C.S. § 1328(b).
Ruling: 
Loss of employment by debtor in good health and capable of finding new employment was not grounds for hardship discharge.
ABI Membership is required to access the full summary of In re Harris. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 20,2008, LexisNexis #0408-068

In re Keisler

Chapter 13 debtors filed a motion for a hardship discharge pursuant to 11 U.S.C.S. § 1328(b) based on their assertion that their family members were no longer able to assist them in making their plan payments. The chapter 13 trustee filed a motion to dismiss for non-payment.
Ruling: 
Hardship discharge denied where inability to make plan payments was not a change in circustances but an undisclosed fact at time of confirmation.
ABI Membership is required to access the full summary of In re Keisler. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0408-034

Bearden v. Jackson (In re Bearden)

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant purchasers of a structure from the debtor, alleging that the purchasers violated the discharge injunction by suing the debtor for failing to comply with a statutory duty to disclose possible lead-based paint in the structure. The purchasers asserted that the debtor's potential liability was not dischargeable and thus was not discharged.
Ruling: 
Continued prosecution of action for nondisclosure of lead paint in structure sold by debtor, once plaintiff was notified of debtor's discharge, violated discharge injunction.
ABI Membership is required to access the full summary of Bearden v. Jackson (In re Bearden). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 29,2008, LexisNexis #0408-052

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.
ABI Membership is required to access the full summary of In re McFadden. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Ferrell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 21,2008, LexisNexis #0408-054

In re Anstett

The debtor proposed his chapter 13 plan for confirmation. The bankruptcy trustee objected to confirmation. The primary issue was whether the amount of the debtor's payments on a loan from his 26 U.S.C.S. § 401(k) retirement account, which would be paid in full before the term of the chapter 13 plan ended, must then be added to the disposable income to be paid to unsecured creditors under the terms of the plan, or could be retained by the debtor.
Ruling: 
Debtor required to pay amount of 401(k) loan payments to unsecured creditors once loan was paid off prior to completion of plan.
ABI Membership is required to access the full summary of In re Anstett. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 08,2008, LexisNexis #0408-059

In re Hoisington

Movant creditor sought relief from stay in connection with its interest in a vehicle. Specifically, the creditor asked the court to allow it to proceed against the property as permitted by 11 U.S.C.S. § 362(h)(1)(A). Debtors, seeking to retain the vehicle, opposed the motion.
Ruling: 
Relief from stay to proceed against interest in motor vehicle not necessary where stay had terminated due to debtor's failure to surrender, redeem or reaffirm.
ABI Membership is required to access the full summary of In re Hoisington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 30,2008, LexisNexis #0208-109

In re Brown

An attorney for bankruptcy debtors applied for an award of fees for work performed by the attorney in defending against a motion for relief from the bankruptcy stay filed by a mortgage creditor of the debtors. The bankruptcy trustee objected to the fee application on the ground that the requested fee amount was excessive.
Ruling: 
Attorneys' fees calculated by loadstar method awarded in reduced amount where representation was routine aside from stay litigation that conferred little benefit on the estate.
ABI Membership is required to access the full summary of In re Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-140

Pages

Subscribe to South Carolina