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District of south carolina

Washington, In re

Ruling
City's claim in bankruptcy case allowed as there was insufficient evidence to show that debtor's obligation was cancelled or discharged by the city. (Bankr. D.S.C.)
Issue(s)
Extension of Time; Actions Against Debtor.

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Consumer opinion summary, case decided on March 24, 2017 , LexisNexis #0417-092

Goss, In re

Ruling
Trustee's decision to approve settlement was within her business judgment where the amount owed to two creditors was more than the money that the estate had on hand. (Bankr. D.S.C.)
Issue(s)
Duties of Trustee.

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Consumer opinion summary, case decided on March 08, 2017 , LexisNexis #0417-051

Clark, In re--Robbins v. Clark

Ruling
Debtor's discharge denied after evidence showed that debtor intentionally made falsestatements under oath regarding his bankruptcy estate. (Bankr. D.S.C.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on February 13, 2017 , LexisNexis #0317-080

In re Blvd. Entm't Greenville, LLC

Ruling
Debtor's bankruptcy case dismissed for gross mismanagement of the estate. (Bankr. D.S.C.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes "Cause".

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Commercial opinion summary, case decided on January 24, 2017 , LexisNexis #0217-095

In re Reid

Ruling
Attorney for debtor’s former spouse did not knowingly or willfully violate the automatic staydue to failure of notice. (Bankr. D.S.C.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on November 29, 2016 , LexisNexis #1216-093

In re Davis

Ruling
Debtor’s loan servicer sanctioned due to violations of court orders. (Bankr. D.S.C.)
Issue(s)
Should debtor’s loan counsel be sanctioned for failure to comply with bankruptcy court orders?

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Consumer opinion summary, case decided on September 06, 2016 , LexisNexis #1016-002

In re Elmore

Ruling
Involuntary petitions could not be commenced against “civil dead entities.” (Bankr. D.S.C.)
Issue(s)
Could involuntary bankruptcy petitions be brought against “civil dead entities?”

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Court :
Consumer opinion summary, case decided on August 25, 2016 , LexisNexis #0916-075

In re Gibson

Ruling
Filing of amended plan reset deadline for objections to confirmation. (Bankr. D.S.C.)
Issue(s)
Whether an amended Chapter 13 plan, filed and served on an unaffected creditor before the running of the deadline for the creditor to accept or reject the initial plan, reset the deadline for the creditor to object to its treatment.

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Consumer opinion summary, case decided on August 18, 2016 , LexisNexis #1016-101

Fort v. Volkswagen Grp. of America (In re Stotz Fredenhagen Indus.)

Ruling
Trustee’s conspiracy claim against automobile manufacturers who contracted with debtor wasbarred by the statute of limitations which had not been tolled. (Bankr. D.S.C.)
Issue(s)
Were trustee’s conspiracy claims against automobile manufacturers barred by the statute of limitations?

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Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-062

In re Zaidel

Ruling
Alleged misrepresentation by debtors to purchaser regarding enforcement order from zoning official was not grounds for nondischargeable debt where debtors had not received the order.
Issue(s)
Whether a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on creditor's allegation that debtors deceived her into purchasing a home by concealing the fact that the septic system needed to be replaced.

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Consumer opinion summary, case decided on July 14, 2016 , LexisNexis #0816-044