Bankruptcy — Motion to Reopen – Civil Claim – Class Action – Delay
In re Pinks (Lawyers Weekly No. 003-002-15, 10 pp.) (David Duncan, Ch. J.) 12-00317; B.S.C. Holding: Where the debtor revealed his potential civil claim to the trustee during his bankruptcy case, and...
View ArticleBankruptcy — Real Property – Mortgages – Preserved Lien – Trustee’s Sale
In re Childers (Lawyers Weekly No. 003-005-15, 12 pp.) (Helen Burris, J.) 11-03985; B.S.C. Holding: Even though there is no equity in the debtors’ residence, since the trustee avoided a pre-petition...
View ArticleBankruptcy — Debtor Must Arbitrate State Law Claim
Moses v. CashCall Inc. (Lawyers Weekly No. 001-045-15, 77 pp.) (Niemeyer, J.) No. 14-1195, March 16, 2015; USDC at Greenville, N.C. (Boyle, J.) 4th Cir. Holding: In this bankruptcy appeal involving...
View ArticleBankruptcy — Creditor Hearing Not Over, But Debtor Discharged
Jenkins v. Simpson (Lawyers Weekly No. 001-073-15, 19 pp.) (Motz, J.) No. 14-1385, April 27, 2015; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: Although debtor failed to provide the...
View ArticleU.S. Supreme Court: Debtors must wait to appeal payment plan denial
WASHINGTON (AP) — A unanimous Supreme Court says debtors in bankruptcy cannot immediately appeal a court’s order rejecting a plan to repay creditors. The justices ruled Monday that parties in a...
View ArticleBankruptcy — Real Property – Mortgages – Principal Residence – Modification
In re Crump (Lawyers Weekly No. 003-006-15, 9 pp.) (David Duncan, C.J.) 14-05007; B.S.C. Holding: Even though the creditor’s claim arises from a debt that was originally secured by both the debtor’s...
View ArticleBankruptcy — Real Property – Foreclosure – Constructive Trust – Insufficient...
In re Cain (Lawyers Weekly No. 003-007-15, 7 pp.) (David Duncan, C.J.) 15-00079; B.S.C. Holding: While the debtor lived in the Pamlico house at issue and contributed to mortgage payments, (1) she knew...
View ArticleContract — Promissory Note – Parol Evidence Rule – Oral Promises – Subsequent...
Vieira v. Vice (In re Legacy Development SC Group, LLC) (Lawyers Weekly No. 003-008-15, 16 pp.) (David Duncan, C.J.) 14-80082; B.S.C. Holding: Despite promises by the debtor-developer’s agent that...
View ArticleBankruptcy — Motion to Reopen – Chapter 13 – Time Limit – No Benefit to...
In re Ingram (Lawyers Weekly No. 003-009-15, 8 pp.) (David Duncan, C.J.) 08-00851; B.S.C. Holding: While the debtors were subject to a five-year Chapter 13 plan, one of them was injured in an auto...
View ArticleBankruptcy — Appeals – Untimely – Neglect – Not Excusable
Wilson v. Moss (Lawyers Weekly No. 003-010-15, 8 pp.) (Helen Burris, J.) 14-80054; B.S.C. Holding: Although plaintiff has shown neglect in her failure to timely file notice of appeal, she has not shown...
View ArticleReal Property — Automatic Stay Violation Claim Revived
Houck v. Substitute Trustee Services Inc. (Lawyers Weekly No. 001-124-15, 33 pp.) (Niemeyer, J.) No. 13-2326, July 1, 2015; USDC at Statesville, N.C. (Cayer, J.) 4th Cir. Holding: The 4th Circuit...
View ArticleBankruptcy — Automatic Stay – Corporate Veil – LLC
In re Legette (Lawyers Weekly No. 003-011-15, 8 pp.) (John Waites, J.) 15-03320; B.S.C. Holding: The debtor seeks to have the court pierce the corporate veil of the debtor’s own limited liability...
View ArticleBankruptcy — Adversary Proceeding – Avoidance – Fraud – Oncology Drugs
Anderson v. Bajaj (In re Medical Management Group, LLC) (Lawyers Weekly No. 003-012-15, 13 pp.) (David Duncan, C.J.) 15-80029; B.S.C. Holding: The trustee seeks to avoid transfers of oncology drugs...
View ArticleCivil Practice – Statute of Limitations – Bankruptcy – Automatic Stay –...
Goodwin v. Landquest Development, LLC (Lawyers Weekly No. 011-080-15, 10 pp.) (John Few, C.J.) Appealed from Georgetown County Circuit Court (Benjamin Culbertson, J.) S.C. App. Holding: Plaintiffs’...
View ArticleCOA: Wrong rules applied to suit stricken after bankruptcy filing
The Georgetown County Circuit Court will have to revisit its decision not to restore a property lawsuit to the docket after the South Carolina Court of Appeals on Aug. 12 found that the lower court...
View ArticleStale debts not revived by bankruptcy disclosure, judge rules
In German, the word for “debt”—schuld—is the same as the word for “guilt,” which helps explain a lot about European attitudes toward insolvency. Not so in the U.S., where bankruptcy law is...
View ArticleAttorneys – Bankruptcy – Fee Disgorgement – Inadequate Investigation
In re Busche (Lawyers Weekly No. 003-017-15, 9 pp.) (David Duncan, C.J.) 15-02559; B.S.C. Holding: The inadequate investigation conducted by debtors’ counsel caused not only the U.S. Trustee, but also...
View ArticleBankruptcy lawyer ordered to return fees
A Charleston attorney who bungled a Chapter 7 bankruptcy case has been slapped with a disgorgement order requiring him to cough up a portion of the legal fees he collected from a pair of clients. South...
View ArticleForum-shopping leads to $5K sanction for Orangeburg attorney
The South Carolina Bankruptcy Court didn’t buy an Orangeburg attorney’s explanation of an honest mistake. Instead, on Oct. 27 it found that he intentionally tried to derail an arbitration and was forum...
View ArticleBankruptcy court can’t enjoin IRS, judge rules
The federal Anti-Injunction Act prohibits bankruptcy courts from enjoining the IRS from collecting a tax debt, a South Carolina bankruptcy court judge has ruled. The decision puts the South Carolina...
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