Adversary for money damages, where creditor seized tax refund after discharge, allowed to move forward. The court denied creditor, Lexington Health Services District, Inc. d/b/a Lexington Medical Center, who asked to dismiss the damages adversary claim arguing that it is a political subdivision and that pursuant S.C. Code §12-60-80(C), made applicable to this action by… Read More »Adversary for money damages where creditor seized tax refund after discharge allowed to move forward.

Creditors failed to comply with Chapter 13 Plan – Mobile Home bankruptcy In this South Carolina bankruptcy case the Chapter 13 plan provided that “[s]ecured creditors paid the full secured claim provided for by this plan shall timely satisfy and liens in the manner required by applicable law or order of this Court.” Section 56-19-680… Read More »Creditors failed to comply with Chapter 13 Plan – Mobile Home bankruptcy

In this case the Court does not approve a Chapter 13 plan that does not cure Debtor’s lease arrearage: In this case the Court denied Chapter 13 confirmation because Debtor’s plan failed to adequately treat Debtor’s residential past due lease. The Court found that Debtor had not sufficiently proposed to “cure postpetition arrears or promptly… Read More »Court does not approve plan that does not cure lease arrearage:

Mobile Home Strip Down Valuation

Divorce: Violation of the Automatic Stay

Foreclosure Order interest rate upheld in Chapter 13 In this South Carolina bankruptcy case, the Court held that for Debtor’s Chapter 13, the mortgage creditor was required to use the interest rate set in a previous foreclosure Order, not the penalty interest rate from the original loan documents.

Court awards sanctions on attorneys finding that the Debtor’s attorneys did not follow proper procedure prior to filing an adversary for Violation of the Automatic Stay. Defeo v. Winyah

The SC Bankruptcy Court held that all of Debtor’s personal injury settlements were protected from the Trustee.  “Testimony established that Debtor had no medical conditions prior to the accident, that he was unmarried, unemployed, and had no minor children living with him. Based on the evidence presented, it appears that the entirety of the settlement… Read More »The SC Bankruptcy Court held that all of Debtor’s personal injury settlements were protected

Dischargeability of Tax Debt Section 523(a) of the Bankruptcy Code (a) A discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- (1) for a tax or a customs duty-(A) of the kind and for the periods specified in section 507(a)(3) or 507(a)(8)… Read More »Dischargeability of Tax Debt

Milledge v. Carolina Acceptance (In re Milledge) Vehicle lender who repossessed and sold Chapter 13 Debtor’s vehicle ordered to pay Debtor the value of the vehicle and Debtor is permitted to move forward with state claims for damages in the bankruptcy court.