$1,500.00 for the attorney’s fees awarded for post-petition repossession of a vehicle. The court determined that review of the “evidence and testimony makes clear that Defendant received notice of the bankruptcy case, had actual knowledge, and chose to proceed with repossession of Plaintiff’s vehicle despite this notice.” Adv. Pro. No. 18-80074-HB, p7

Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor. Citing In re Brittain, 435 B.R. 318, 320 (Bankr. D.S.C. 2010), the court holds that “the record here clearly indicates that the Equipment is property of the LLC and not the Debtor. After reviewing §§ 362, 541,… Read More »Automatic stay under 11 U.S.C. § 362(a) is inapplicable LLC equipment for which Debtor is a personal guarantor.

Reopening a Chapter 7 no asset case to add a creditor: To reopen a Chapter 7 bankruptcy case, the Debtor must must met his / her burden to establish cause to reopen. In this case, Debtor was held to not have met his burden because reopening the case merely to amend schedules would not affect… Read More »Reopening a Chapter 7, no asset, case to add a creditor

Some of Debtor’s payment to sister for her credit card use held to be a preference: Section 548 provides in relevant part: (a) The trustee may avoid any transfer of an interest of the debtor in property . . . that was made . . . within one year before the date of the filing… Read More »Preference, using a family member’s credit card

Bankruptcy and Personal Injury Settlements: District of South Carolina S.C. Code § 15-41-30(A)(12)(b), which states, in relevant part: (A)The following real and personal property of a debtor domiciled in this State is exempt from attachment, levy, and sale under any mesne or final process issued by a court or bankruptcy proceeding: . . . (12)… Read More »Bankruptcy and Personal Injury Settlements

SC SECTION 56-9-470 and Bankruptcy There are different types of suspensions of licenses. 1. temporal suspensions. For example, if a bankruptcy debtor receives a DUI, points suspension or an implied consent suspension, the statute sets forth a specific period of time for the suspension to run. The debtor stands in the same shoes as anyone… Read More »Suspension of Licenses

For your fee to be waived, all of these statements must be true: > You are filing for bankruptcy under chapter 7. > You are an individual. > The total combined monthly income for your family is less than 150% of the official poverty guideline last published by the U.S. Department of Health and Human… Read More »Chapter 7 Filing Fee Waiver

South Carolina Lawsuit Against Upright Law

Titling controls in bankruptcy: Allows Sale of Property in Joint Tenancy with Non-Debtors

Who’s tax refund is it? In re Gartman, 372 B.R. 790 (Bankr. S.C., 2007) In re Gartman, 372 B.R. 790 (Bankr. S.C., 2007)  This is an issue of first impression in this district. Bankruptcy courts in other districts have adopted three different approaches to determine the portion of a tax refund to which a debtor’s… Read More »Who’s tax refund is it?