South Carolina Lawyers Weekly

Bate Land Co. LP v. Bate Land & Timber LLC (Lawyers Weekly No. 001-214-17, 21 pp.) (Allyson Duncan, J.) 16-2037; Dec. 6, 2017; USDC at Wilmington, N.C. (Terrence Boyle, J.) 4th Cir. Holding: The bankruptcy court has specialized expertise in ...

Tagged with: valuation

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

Rainsford v. Apex Bank (Lawyers Weekly No. 002-108-17, 9 pp.) (Mary Geiger Lewis, J.) 8:16-cv-03521; D.S.C. Holding: Where an attorney told plaintiff that he represented the defendant-bank and could arrange a settlement of plaintiff’s debt to the bank through various ...

Tagged with: Bankruptcy

Twin City Insurance Co. v. Spry (Lawyers Weekly No. 002-098-17, 16 pp.) (David Norton, J.) 2:15-cv-01663; D.S.C. Holding: Even though the defendants in this adversary proceeding never filed an actual answer in the underlying action, and even though they filed ...

Tagged with: affidavit

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

Wells Fargo Bank NA v. AMH Roman Two NC LLC (Lawyers Weekly No. 001-135-17, 15 pp.) (Duncan, J.) No. 16-1681, June 12, 2017; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: The 4th Circuit says a bankruptcy court did ...

Tagged with: Deed of Trust

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

LVNV Funding LLC v. Harling (Lawyers Weekly No. 001-080-17, 20 pp.) (Agee, J.) No. 16-1346, March 30, 2017; USBC at Columbia, S.C. (Duncan, J.) 4th Cir. Holding: The 4th Circuit upholds a bankruptcy court’s rejection of an unsecured creditor’s claims ...

Tagged with: creditors