In re Erickson
Jul
19
2012
Ruling
Creditor could not reopen case to file untimely nondischargeablility proceeding.
Procedural posture
This matter was before the court to consider correspondence received from a creditor attempting to initiate an adversary proceeding and asking that debtor's bankruptcy case be reopened. A hearing was held.
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Court
:
- 11 U.S.C.
In re Macauley
Jul
16
2012
Ruling
Relief from stay due to efforts to delay, hinder or defraud mortgagee through multiple bankruptcy cases and transfers.
Procedural posture
A creditor filed a motion seeking relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) on the grounds that a chapter 13 debtor filed his petition as part of a scheme to delay, hinder, or defraud creditors.
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Court
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In re Bamberg County Mem. Hosp.
May
23
2012
Ruling
Debtor hospital's chapter 9 plan based on asset purchase agreement approved.
Procedural posture
A hearing was held on confirmation of a first amended plan for adjustment of debts pursuant to chapter 9, as modified, filed by the debtor, a county hospital. Prior to or at the conclusion to the hearing, all objections to the plan were consensually resolved except for the objection of a creditor.
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Court
:
In re Vetter
May
07
2012
Ruling
Deceased debtor's case dismissed due to counsel's failure to take appropriate action.
Procedural posture
This matter was before the court on the motion of the United States Trustee (UST) to dismiss this case under 11 U.S.C.S. §§ 707(a), 105(a). No response was filed on behalf of the debtor.
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Court
:
In re Lafferty
Apr
03
2012
Ruling
Debtors who were not entitled to a homestead exemption due to unclean hands could not avoid judicial lien.
Procedural posture
The debtors filed motions to avoid a judicial lien under 11 U.S.C.S. § 522(f). A chapter 7 trustee filed objections to the debtors' claims of homestead exemption under S.C. Code Ann. § 15-41-30(A)(1). The trustee and a creditor filed objections to the debtors' motions. The creditor joined in the trustee's objections. The debtors were formerly married, and the exemption at issue was in jointly owned property. Thus, the matters were tried together.
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Court
:
- 11 U.S.C.
In re Lakeside Dev. LLC
Feb
24
2012
Ruling
Relief from stay denied because value of property exceeded bank's claim and to allow trustee to attempt to sell property.
Procedural posture
A bank filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2). The chapter 7 trustee objected to the motion.
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Court
:
Tison v. Household Fin. Corp. II (In re Tison)
Feb
22
2012
Ruling
Previously approved reaffirmation agreement that was mathematically impossible to perform rescinded.
Procedural posture
Before the court was a motion for summary judgment filed by defendant creditors and a motion for summary judgment filed by plaintiff debtor. This adversary was filed seeking sanctions against the creditors for violation of the discharge injunction as well as an injunction against further collection efforts by the creditors of amounts allegedly not contained in the parties' reaffirmation agreement. A creditor counterclaimed.
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Court
:
- 11 U.S.C.
In re Washington
Jan
30
2012
Ruling
Debtor's attorneys' fees reduced by 15 percent due to discrepancy between disclosure of fixed fee to court and agreement with debtor for hourly rates.
Procedural posture
The attorney for the chapter 11 debtors filed an application for compensation, to which the debtors objected.
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Court
:
- 11 U.S.C.
Fischbach v. Centers for Medicare and Medicaid Servs. (In re Fischbach)
Jan
10
2012
Ruling
Government's continued withholding of Medicare payments from debtor to recoup overpayments did not violate discharge injunction.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against an agency of the U.S. Government and an LLC, seeking a determination that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524 when he received a discharge under 11 U.S.C.S. § 727. The parties filed cross-motions for summary judgment on the debtor's claims.
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Court
:
- 11 U.S.C.
In re Clark
Nov
16
2011
Ruling
Discharge revoked due to failure to list several properties.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant debtor to revoke the debtor's discharge under 11 U.S.C.S. § 727(d)(1). The trustee filed a motion for summary judgment.
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Court
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