South Carolina

In re Mundy

Plaintiff debtor filed an adversary proceeding against defendant creditor, seeking to avoid a lien that the creditor had in certain personal property owned by the debtor, pursuant to 11 U.S.C. § 522(f)(1)(B). The court issued findings of fact and conclusions of law.
Ruling: 
Debtor was granted a motion to avoid a lien on common household goods but not on other personal property.
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In re Messer

Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), alleging that a mortgage creditor and its attorney violated the automatic stay that was implemented when they filed a bankruptcy petition under chapter 13.
Ruling: 
Debtors were awarded damages after a mortgage creditor willfully violated an automatic stay by intentionally initiating a foreclosure proceeding.
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In re Smith

Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor and the creditor's repossession agent willfully violated the automatic stay by attempting to repossess the debtors' automobile during their ongoing chapter 13 bankruptcy case.
Ruling: 
Debtors were awarded damages for the creditor's attempt to repossess the debtor's car in violation of the automatic stay.
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In re Moore

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
Ruling: 
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
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In re Whitaker

Creditor, the holder of a second mortgage on debtor's residence, moved to dismiss debtors'chapter 13 case pursuant to 11 U.S.C. § 1307(c)(1) and to bar the debtors from refiling for 180 days, given debtors'admitted efforts to delay and hinder the creditor.
Ruling: 
Motion to dismiss the debtor's chapter 13 case was granted with prejudice to bar refiling for 180 days since the debtors acted in bad faith.
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Young v. Elite Financial Services (In re Young)

A debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor willfully violated an automatic stay by attempting to repossess the debtor's automobile during his ongoing chapter 13 bankruptcy case.
Ruling: 
Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.
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Fuller v. Cash Am. Pawn (In re Fuller)

Plaintiff, chapter 13 debtor, brought an adversary action against defendant pawn shop alleging the latter violated the automatic stay by disposing of jewelry she had placed with the pawn shop as security for a personal loan and notifying debtor of a purported forfeiture under S.C. Code Ann. § 40-39-110. The pawn shop moved for summary judgment on the claim.
Ruling: 
Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.
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