South Carolina Lawyers Weekly

On July 20, 2015, plaintiff’s decedent suffered fatal injuries when the airbag in a 2009 Chrysler Dodge Durango failed to deploy. Where plaintiff’s product liability claims of negligence, breach of warranties and strict liability (1) involve a vehicle made on ...

Tagged with: Tort/Negligence

If there was a floor to the variable interest rate on the appellant-debtors’ note and mortgage, the debtors are in default; however, if there was no floor, the debtors have overpaid. Where a rider to the debtors’ mortgage set an ...

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

The Eastern District of Virginia’s Local Bankruptcy Rule 3070-1(C), which allows for dismissal without hearing, conflicts with the requirements of 11 U.S.C. § 1307. Background In January 2017, the Eastern District’s bankruptcy trustee certified under Local Bankruptcy Rule 3070-1(C) that ...

Tagged with: Bankruptcy

Debtors who moved from Louisiana to West Virginia could apply Louisiana bankruptcy exemptions to property located in West Virginia, because federal law allowed the debtors to choose a state exemption scheme, and Louisiana law is not limited to in-state property. ...

Tagged with: Bankruptcy

For purposes of 11 U.S.C. § 1322, any junior lienholder of a valueless lien is the holder of an unsecured claim, which may be stripped without the filing of a proof of claim. Background In 2012, Michael and Teresa Burkhart ...

Tagged with: lien

Holding: Even if a debtor filed for bankruptcy in response to a judgment against him and possessed significant assets, the district court did not err in finding that the debtor did not file for bankruptcy in bad faith. Background Appellee ...

Tagged with: Bad Faith

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