South Carolina

In re Ivey

The debtor filed for relief under chapter 13, and a plan was confirmed. The chapter 13 trustee sought dismissal of the proceedings for non-payment, and the debtor objected. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Moratorium granted excusing debtor from three months of plan payments subject to dismissal if debtor missed any further payments.
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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 Ellis

The debtors filed for relief under chapter 7. The United States Trustee sought to dismiss the case, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) for the debtors'failure to obtain credit counseling within 180 days prior to the petition filing date, and the debtors'failure to file the proper credit counseling certificates.
Ruling: 
Case dismissed where debtors received credit counseling prior to dismissed chapter 13 case and after chapter 7 petition date but not within 180 days prior to the chapter 7 petition.
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In re Coard

The debtor filed for bankruptcy relief under chapter 7. The United States Trustee filed a motion, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) to dismiss the case due to the debtor's failure to obtain credit counseling within 180 days prior to the petition filing date.
Ruling: 
Credit counseling received 198 days prior to filing did not satisfy requirement.
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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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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 Ray

Debtors'chapter 7 matter was before the court on the U.S. Trustee's ("UST") Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1). The UST's Motion asserted that certain line item deductions made by the above median income debtors on Form B22A (Means Test) were either inaccurate or were ones to which debtors were not entitled, and that adjustment was needed to accurately reflect debtors'monthly disposable income.
Ruling: 
Chapter 7 case ordered dismissed or converted due to improper deductions taken on Form B22A.
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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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