South Carolina

In re Ervin

This matter was before the court on debtor's motion to avoid the judicial lien of a lienholder.
Ruling: 
Debtor's failure to file statement of intention with regard to judicial lien impairing exemption did not preclude avoidance.
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Consumer case opionion summary, case decided on May 02,2013, LexisNexis #0613-048

In re Bamberg County Mem. Hosp.

Debtor hospital filed a petition under chapter 9 of the Bankruptcy Code, and an LLC that agreed to purchase the debtor's assets filed a claim in the amount of $1,054,173 against the debtor's bankruptcy estate after the sale did not close. The debtor and the LLC settled the LLC's claim, and the debtor asked the court to approve the settlement pursuant to Fed. R. Bankr. P. 9019. A company that sold health care equipment filed an objection.
Ruling: 
Settlement of claim after LLC's purchase of debtor's assets failed to close approved.
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Commercial case opionion summary, case decided on April 18,2013, LexisNexis #0513-103

In re Johnson

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order dismissing the debtor's case with prejudice for bad faith filing and seeking in rem relief against real property the debtor owned in Columbia, South Carolina. The debtor filed an objection to the UST's motion, and the court held a hearing on the motion and the debtor's objection.
Ruling: 
Debtor's fifth case in five years dismissed with prejudice on grounds of bad faith.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-092

In re Barnwell County Hosp.

Chapter 9 debtor, a rural hospital, filed a motion for authorization of a substitute asset purchase agreement (APA). Several parties objected to the motion. The debtor also filed a notice and application for settlement and compromise between the debtor and the original buyer under an earlier APA.
Ruling: 
Chapter 9 debtor's motion for authorization of substitute asset purchase agreement granted.
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Commercial case opionion summary, case decided on April 18,2013, LexisNexis #0513-094

In re Brown

Before the court was a motion for consideration of a chapter 13 plan filed by a representative of the debtor, who was deceased. The chapter 13 trustee objected to confirmation.
Ruling: 
Confirmation of amended plan filed by debtor's personal representative denied and case dismissed where debtor was deceased.
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Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0613-068

In re Strickland

Debtor filed a petition under chapter 12 of the Bankruptcy Code, and a bank that held secured claims against property the debtor owned filed a motion to dismiss the debtor's case. Another bank joined the motion, as did the chapter 12 trustee.
Ruling: 
Case dismissed for unreasonable delay and bad faith.
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Consumer case opionion summary, case decided on March 07,2013, LexisNexis #0413-063

In re Shree Krishna Hospitality LLC

Before the court was a creditor's motion to dismiss debtor's chapter 11 case pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Case dismissed with prejudice due to failure to file timely confirmable plan.
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Commercial case opionion summary, case decided on February 27,2013, LexisNexis #0413-025

In re Hawkins

When movant, a chapter 11 debtor, sought confirmation of a proposed plan of reorganization, a lender with a $5.103 million claim secured by mortgages and by interests in timber and rents from real estate owned by debtor objected to confirmation on the basis that, contrary to 11 U.S.C.S. § 1129, the plan lacked feasibility, was not proposed in good faith, and did not provide adequate means of implementation.
Ruling: 
Confirmation of plan dependent on sale of real estate denied on feasibility grounds.
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Consumer case opionion summary, case decided on February 22,2013, LexisNexis #0313-127

Taylor v. Davis (In re Davis)

Creditors filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a). The debtor filed several motions relating to discovery and asked the court to issue an order which required the creditors to submit their claims to arbitration. The debtor and the creditors also filed cross- motions for summary judgment.
Ruling: 
Debtor's motion to compel arbitration of creditors' nondischargeability proceedings denied.
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Consumer case opionion summary, case decided on February 01,2013, LexisNexis #0213-114

In re Tucker

Debtor moved for confirmation of her proposed chapter 13 plan. Creditor, which held the lien on debtor's mobile home, filed an objection to confirmation. The parties contested the value of the mobile home, which debtor testified had a value of $ 9,000. Creditor asserted that the plan did not meet the requirements of 11 U.S.C.S. § 1325(a)(5), so confirmation should be denied.
Ruling: 
Confirmation denied due to debtor's undervaluation of mobile home.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0513-138

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