South Carolina

In re Evans

Petitioner debtors filed a motion to extend the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent trustee filed a reply.
Ruling: 
Court extended automatic stay since debtors overcame presumption that case was not filed in good faith.
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In re Williams

The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
Ruling: 
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
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In re Cartledge

The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
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In re Dansby

The debtor filed a request for a temporary wavier of the requirement of prepetition credit counseling under 11 U.S.C. § 109(h). The U.S. trustee filed a timely objection to the debtor's request.
Ruling: 
Waiver of the prepetition credit counseling requirement was not granted since the evidence showed the debtor could have complied with some due diligence.
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In re Bingaman

Movant debtors sought an order protecting them from a Fed. R. Bankr. P. 2004 examination scheduled by non-movant creditor.
Ruling: 
Creditor was allowed to examine the debtors for their acts, conduct, or property sinc e the creditor was a party in interest.
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McDow v. Geddings (In re Geddings)

Plaintiff U.S. trustee brought an adversary proceeding against defendant chapter 7 debtors, seeking denial of their discharge pursuant to 11 U.S.C. § 727(a). The trustee moved for summary judgment.
Ruling: 
Debtors were denied discharge since the debtors were deemed to have intended to defraud by not disclosing transferred property and by filing inaccurate documentation.
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In re Council

A prior bankruptcy of debtors, husband and wife, was dismissed upon the debtors'failure to make payments due under their confirmed chapter 13 plan. The debtors subsequently filed a second chapter 13 petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Automatic stay extension was granted from a prior chapter 13 case since the debtors showed that although they had not complied with the prior plan, that non-compliance was due to a job loss and their second filing was made in good faith.
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In re Jaraki

A bankruptcy debtor was discharged but his case was reopened upon discovery of a pending state litigation by the debtor which was not disclosed in the bankruptcy. The trustee moved for approval of a settlement of the litigation for $12,500 pursuant to Fed. R. Bankr. P. 9019, and the debtor objected to the settlement on the ground that the value of the litigation substantially exceeded the settlement.
Ruling: 
Debtor's objection to a settlement of undisclosed litigation was overruled s ince the settlement provided for more recovery than was likely to occur and, thus, was in the best interest of the estate.
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In re Feagins

A bankruptcy debtor's second amended chapter 13 plan was eventually confirmed after the trustee repeatedly advised counsel for the debtor that prior plans were not confirmable. The trustee moved pursuant to 11 U.S.C. § 329 for an order requiring counsel to return attorney fees, and counsel moved to sanction the trustee for aggressive behavior.
Ruling: 
Debtor's counsel was ordered, on trustee's motion, to return a portion of the counsel's fees for providing inadequate services.
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In re Wright

A prior chapter 13 bankruptcy by debtors, husband and wife, was dismissed based on the debtors'failure to make payments required by their confirmed plan. The debtors filed a second chapter 13 bankruptcy petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Debtors were granted an extension of the automatic stay from a prior chapter 13 case since the debtors showed that after failing to comply with the prior plan due to a job loss, that the debtors had begun operating a business that provided enough income to fund the current proposed plan.
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