In re Moore

Dec

2005

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.

Procedural posture

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.

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Court :

District of South Carolina ( Judge Bishop ) [ Bankruptcy Court ]

opinion summary, case decided on December 14, 2005 , LexisNexis #0206-030

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11 U.S.C.

In re Whitaker

Nov

2005

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.

Procedural posture

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.

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Court :

District of South Carolina ( Judge Waites ) [ Bankruptcy Court ]

opinion summary, case decided on November 17, 2005 , LexisNexis #0206-083

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11 U.S.C.
- § 362
- § 362(h)

Young v. Elite Financial Services (In re Young)

Sep

2005

Ruling

Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.

Procedural posture

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.

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Court :

District of South Carolina ( Judge Waites ) [ Bankruptcy Court ]

opinion summary, case decided on September 15, 2005 , LexisNexis #0206-070

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11 U.S.C.
- § 362

Fuller v. Cash Am. Pawn (In re Fuller)

Aug

2005

Ruling

Pawn shop's notice of forfeiture and selling of the debtor's pawned jewelry violated the automatic stay.

Procedural posture

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.

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Court :

District of South Carolina ( Judge Bishop ) [ Bankruptcy Court ]

opinion summary, case decided on August 15, 2005 , LexisNexis #0206-101

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