Means Test: Expenses above the standards In re Shinkle, 382 B.R. 85 (Bankr. E.D. Ky., 2008) Code section 707(b)(2)(B) gives examples of special circumstances such as a serious medical condition or a call to active duty in the armed services. The statute also requires that a debtor’s special circumstances leave him with “no reasonable alternative”… Read More »Means Test: Expenses above the standards
Walker v. UpRight Law (In re Walker), C/A No. 18-04406-hb, Adv. Pro. No. 18-80075-hb, slip op. (Bankr. D.S.C. Jun 21, 2019)It is important that you are counseled by a local bankruptcy attorney prior to deciding to file bankruptcy. SC Court denies, Chicago based, Upright Law’s Motion to Dismiss, finding that There was no evidence that… Read More »It is important that you are counseled by a local bankruptcy attorney prior to deciding to file bankruptcy.
The South Carolina Ride Through for Mortgages
Case law concerning mortgage creditor’s request for reaffirmation agreement. In this case, the court holds that to force reaffirmation upon the Debtor would deny the Debtor a fresh start. Additionally, the termination of the automatic stay in the instance that a Debtor does not reaffirm, redeem or surrender, applies only to personal property. In re:… Read More »Mortgage creditor’s request for reaffirmation agreement
Payments towards college student expenses and tuition may be held to be preference or fraudulent transfers if the student is above the age of majority. This issue has not been heard in South Carolina as of 10-9-19. Geltzer v. Oberlin Coll. (In re Sterman), 594 B.R. 229 (Bankr. S.D.N.Y., 2018)
Debtor awarded $10,000 towards his truck after Court holds that repossessing creditor engaged in an egregious violation of the automatic stay. Chambers v Auto Brokers, 2018
Discharging Student Loans in South Carolina: Brunner Test & Exhaustion of Remedies Student loans are generally not dischargeable in bankruptcy unless repaying them would impose an undue hardship, as outlined in 11 U.S.C. § 523(a)(8). South Carolina bankruptcy courts apply the Brunner test to determine undue hardship, which requires the debtor to prove: (1) they… Read More »Discharging Student Loans in South Carolina: Brunner Test & Exhaustion of Remedies
SC Bankruptcy court limits a creditor’s claim for fees and costs in the Chapter 13 Plan. In re Longhurst, C/A No. 19-01926-hb, slip op. (Bankr. D.S.C. Oct 29, 2019) ORDER REGARDING MOTION TO DETERMINE MORTGAGE FEES AND EXPENSES
Trustee successfully disputes means test application. VA income, Thrift savings account, income calculation, retirement loan repayment, tax calculations, marital deduction
Retirement repayment not an allowable means test expense: majority of courts that have considered whether debtors are allowed deductions for loan repayments on their retirement savings plans have found that no such deduction should be allowed.