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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 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 Brown

Ruling
Proceeds of personal injury settlement were exempt under state law.
Issue(s)
Was debtor entitled to an exemption in personal injury settlement proceeds?

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Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-069

In re Salyers

Ruling
Debtor lacked standing to object to attorney’s proof of claim.
Issue(s)
Should debtor’s objection to attorney’s proof of claim be sustained?

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Consumer opinion summary, case decided on June 23, 2016 , LexisNexis #0716-089

In re Govan

Ruling
Confirmation denied due to undervaluation of mobile home for which proper valuation was replacement value on petition date.
Issue(s)
Was valuation of debtor's motor home proper so as to support confirmation of debtor's chapter 13 plan?

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Consumer opinion summary, case decided on May 18, 2016 , LexisNexis #0616-068

In re Kelly

Ruling
Occupancy of one room by another individual did not change the single family status of the debtor's residence so as to allow modification of debtor's mortgage.
Issue(s)
Could debtor modify mortgage on primary residence on grounds that occupancy of one room by a non-family member converted the property to a non-single family residence?

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Consumer opinion summary, case decided on May 12, 2016 , LexisNexis #0616-066

In re Eaddy

Ruling
Confirmation denied due to bifurcation of mortgage debt not supported by court's valuation of debtor's mobile home.
Issue(s)
Could chapter 13 plan that modified loan secured by debtor's mobile home into secured and unsecured portions be confirmed?

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Consumer opinion summary, case decided on February 23, 2016 , LexisNexis #0316-099

Twin City Fire Ins. Co. v. Estrin (In re Estrin)

Ruling
Debt was excepted from discharge due to debtor's material misrepresentations and embezzlement.
Issue(s)
Did debtor's payment of unearned recruiting commissions to spouse result in nondischargeable debt?

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Consumer opinion summary, case decided on February 19, 2016 , LexisNexis #0316-051

In re Harling

Ruling
Debtor's could exercise right to object to proofs of claims as reserved in confirmed plan.
Issue(s)
Was objection by debtors to proof of claim barred by the confirmation order?

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Consumer opinion summary, case decided on November 24, 2015 , LexisNexis #1215-099

In re Busche

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