South Carolina Lawyers Weekly

Even though the debtor’s promissory note was discharged in a prior bankruptcy, his mortgage remains enforceable, and the current servicer of the mortgage has standing to file a proof of claim to enforce the mortgage. Creditor Ditech Financial LLC’s secured ...

Tagged with: Real Property

Although the debtor did not face a sudden medical emergency or unemployment, he did face increasing medical problems and reductions in his earnings. And while he made questionable financial decisions in the months before he filed bankruptcy, those decisions were ...

Tagged with: Chapter 7

In re Simpson (Lawyers Weekly No. 003-003-18, 6 pp.) (Helen Burris, J.) 17-05232; B.S.C. Holding: Even though the mortgage on the debtor’s residence was in the name of his recently deceased mother, and even though the note secured by the ...

Tagged with: Real Property

In re Palcher (Lawyers Weekly No. 003-002-18, 7 pp.) (Helen Burris, J.) 17-03938; B.S.C. Holding: Even though the debtor’s household expenses include those of his elderly mother, her Social Security income cannot be considered for purposes of the debtor’s disposable ...

Tagged with: Income

In re Santos (Lawyers Weekly No. 003-001-18, 7 pp.) (Helen Burris, J.) 17-02286; B.S.C. Holding: Not understanding that he should have sought the court’s permission before settling a motor vehicle accident claim, debtor Marcos Santos did so; however, he has ...

Tagged with: settlement

In re Knight (Lawyers Weekly No. 003-006-17, 9 pp.) (Helen Burris, J.) 16-00584; B.S.C. Holding: After the creditor obtained and recorded its judgments against the debtor in Saluda County, the debtor transferred his Saluda County real property to an LLC ...

Tagged with: Real Property

In re Kindle (Lawyers Weekly No. 003-005-17, 15 pp.) (David Duncan, C.J.) 17-01245; B.S.C. Holding: Even though the debtors intend to pay their student loans outside their chapter 13 plan, thus treating their student loan debt differently from all other ...

Tagged with: Bankruptcy

In re DC Development, Inc. (Lawyers Weekly No. 003-004-17, 10 pp.) (David Duncan, C.J.) 17-01279; B.S.C. Holding: Alleged debtor DC Development, Inc., has more than 12 creditors, and two of the three creditors who filed the involuntary bankruptcy petition hold ...

Tagged with: Involuntary

Vieira v. Hill (In re KNH Aviation Services, Inc.) (Lawyers Weekly No. 003-003-17, 16 pp.) (David Duncan, C.J.) 15-80170; B.S.C. Holding: Although the insider defendants contend that their purchases of the debtor’s accounts receivables were true purchases and not loans ...

Tagged with: Breach of Fiduciary Duties

In re Gup’s Hill Plantation, LLC (Lawyers Weekly No. 003-002-17, 17 pp.) (David Duncan, C.J.) 15-04492; B.S.C. Holding: The debtor’s only current equity holder, Bettis Rainsford, has offered to contribute $25,000 to retain his equity interest in the debtor; however, ...

Tagged with: Chapter 11