South Carolina Lawyers Weekly

In re Autry (Lawyers Weekly No. 003-006-14, 6 pp.) (David Duncan, Ch.J.) 14-00716; B.S.C. Holding: Even though the debtor has previously spent time living away from his marital home, at the time he filed for bankruptcy, he considered his marital ...

Tagged with: Marital Home

In re Stacy’s Inc. (Lawyers Weekly No. 003-005-14, 17 pp.) (David Duncan, Ch.J.) 13-03600; B.S.C. Holding: Since the debtor previously filed an adversary proceeding against the creditor-bank, seeking to use some of the bank’s cash collateral for administrative expenses, and ...

In re Stacy’s Inc. (Lawyers Weekly No. 003-005-14, 17 pp.) (David Duncan, Ch.J.) 13-03600; B.S.C. Holding: Since the debtor previously filed an adversary proceeding against the creditor-bank, seeking to use some of the bank’s cash collateral for administrative expenses, and ...

Anderson v. Architectural Glass Construction Inc. (Lawyers Weekly No. 14-01-0367, 19 pp.) (Motz, J.) No. 12-2465, April 17, 2014; USDC at Spartanburg, S.C. (Herlong, J.) 4th Cir. Holding: In a trustee’s action to reclaim debtor wife’s interest in real estate ...

Pliler v. Stearns, Trustee (Lawyers Weekly No. 14-01-0308, 16 pp.) (Wynn, J.) No. 13-1445, March 28, 2014; USBC at Wilson, N.C. (Doub, J.) 4th Cir. Holding: Although these above-median-income debtors listed negative disposable income on their bankruptcy schedules, they nevertheless ...

In re Gregg (Lawyers Weekly No. 003-004-14, 8 pp.) (David Duncan, Ch.J.) 13-00665; B.S.C. Holding: The debtor’s proposed sale of a real property tract, which is the debtor’s second most valuable asset, does not meet the sound business test because ...

Gold v. First Tennessee Bank NA (In re Taneja) (Lawyers Weekly No. 14-01-0179, 37 pp.) (Keenan, J.) No. 13-1058, Feb. 21, 2014; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: Testimony from two executives of a bank that acted ...

Johnson v. Donahoe (Lawyers Weekly No. 002-049-14, 11 pp.) (R. Bryan Harwell, J.) 4:12-cv-00390; D.S.C. Holding: Although plaintiff asserts that his supervisor somehow manipulated the defendant-employer’s Family Medical Leave Act system that records missed time in order “to fire me ...

Cason v. South Carolina State Ports Authority (Lawyers Weekly No. 002-048-14, 9 pp.) (Richard Mark Gergel, J.) 2:11-cv-02241; D.S.C. Holding: If a supervisor tells his subordinates that their employer discriminates on the basis of race and if the employer fires ...

Alexander v. Barnwell County Hospital (Lawyers Weekly No. 002-047-14, 13 pp.) (J. Michelle Childs, J.) 1:13-cv-02164; D.S.C. Holding: In its order denying appellant’s motion to dismiss and/or stay, the bankruptcy court also allowed the sale of the debtor-hospital’s assets to ...