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District of south carolina

In re Cilwa

Nov
18
2015
Ruling
Settlement that did not involve any compromise on behalf of creditor and merely called for allowance of claim could not be approved.
Issue(s)
Could settlement primarily calling for allowance of creditor's proof of claim without compromise be approved?

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Consumer opinion summary, case decided on November 18, 2015 , LexisNexis #1215-070
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In re Tant

Oct
27
2015
Ruling
Trustee's special counsel sanctioned for improper prosecution of objection to the proof of claim.
Issue(s)
Should trustee's special counsel be sanctioned for filing duplicative motions for identical relief in multiple forums?

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Consumer opinion summary, case decided on October 27, 2015 , LexisNexis #1215-034
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In re Busche

Oct
27
2015
Ruling
Debtor's attorney ordered to disgorge fees due to failure to investigate debtor's finances and failure to attend first meeting of creditors.
Issue(s)
Whether debtor's counsel should be ordered to disgorge fees for violations of his duty to investigate debtors' financial affairs?

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Consumer opinion summary, case decided on October 27, 2015 , LexisNexis #1215-001
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Ballard v. Thoennes (In re Thoennes)

Sep
03
2015
Ruling
Debt based on shareholder oppression did not arise from the purchase or sale of a security and was dischargeable.
Issue(s)
Was judgment for "shareholder oppression" nondischargeable as related to the sale of securities?

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Commercial opinion summary, case decided on September 03, 2015 , LexisNexis #0915-119
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In re Hill

Sep
03
2015
Ruling
Approval of reaffirmation agreement denied as not in best interests of debtor.
Issue(s)
Should reaffirmation agreement between debtor and lender be approved?

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Consumer opinion summary, case decided on September 03, 2015 , LexisNexis #0915-122
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In re Vaughn

Sep
02
2015
Ruling
Listing stale claim on schedules did not revive the claim, which must be disallowed.
Issue(s)
Could debtor object to timely proof of claim for debt that was scheduled by debtor on grounds that it was barred by the statute of limitations?

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Consumer opinion summary, case decided on September 02, 2015 , LexisNexis #0915-112
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Vieira v. McGrath (In re McGrath)

Jun
12
2015
Ruling
Mortgage properly executed and recorded under state law standards could not be avoided.
Issue(s)
Whether to grant a creditor's motion to dismiss that count of trustee's complaint seeking to avoid the creditor's lien pursuant to 11 U.S.C.S. § 544(a) on the grounds that the creditor's mortgage was invalid as to a bona fide purchaser because the mortgage document did not comply with S.C. Code Ann. § 30-5- 30.

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Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-021
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In re Odom

Jun
12
2015
Ruling
Case ordered dismissed unless debtor cured and remained current with domestic support obligations.
Issue(s)
Should case be dismissed due to debtor's domestic support obligation arrearage?

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Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-028
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In re Crawford

Jun
08
2015
Ruling
Creditor violated confirmation order of plan, which it had accepted, by refusing to release lien on debtor's property.
Issue(s)
Did confirmed plan require creditor to release its lien on debtor's motor vehicle?

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Consumer opinion summary, case decided on June 08, 2015 , LexisNexis #0715-135
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Wilson v. Moss (In re Wilson)

Jun
04
2015
Ruling
Extension of time to appeal bankruptcy court order denied in absence of excusable neglect.
Issue(s)
Whether a debtor was entitled to an extension of time for filing a notice of appeal on the basis of excusable neglect under Fed. R. Bankr. P. 8002(d)(1)(B).

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Consumer opinion summary, case decided on June 04, 2015 , LexisNexis #1115-034
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