South Carolina Lawyers Weekly

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic (Lawyers Weekly No. 001-057-17, 17 pp.) (Motz, J.) No. 16-1030, March 3, 2017; USBC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: The 4th Circuit vacates a bankruptcy court’s “staggering ...

Tagged with: Bankruptcy

Robinson v. Worley (Lawyers Weekly No. 001-049-17, 17 pp.) (Wilkinson, J.) No. 15-2346, Feb. 28, 2017; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: A chapter 7 debtor who had two degrees in finance and a professional career as ...

Tagged with: False Property Valuation

Ivey v. First Citizens Bank & Trust Co. (Lawyers Weekly No. 001-031-17, 12 pp.) (Gregory, J.) No. 15-2209, Jan. 31, 2017; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: A chapter 7 trustee cannot reach deposits or wire transfers ...

Tagged with: checking account

In re Boulevard Entertainment Greenville, LLC (Lawyers Weekly No. 003-001-17, 8 pp.) (Helen Burris, J.) 16-03313; B.S.C. Holding: The debtor continues to incur significant bank overdraft charges and insufficient funds fees each month; has generated a cumulative loss since filing ...

Tagged with: Jazz Club

Birmingham v. PNC Bank NA (Lawyers Weekly No. 001-014-17, 24 pp.) (Lee, D.J.) No. 15-1800, Jan. 18, 2017; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: A chapter 13 debtor is not entitled to modification of a bank loan ...

Tagged with: Bankruptcy

Lynch, Bankruptcy Adm’r v. Jackson (Lawyers Weekly No. 001-005-17, 12 pp.) (Thacker, J.) No. 16-1358, Jan. 4, 2017; USBC at Raleigh, N.C. (Humrickhouse, J.) 4th Cir. Holding: Debtors may take the full National and Local Standard amounts for expenses in ...

Tagged with: Debt

In re Reid (Lawyers Weekly No. 003-023-16, 7 pp.) (David Duncan, C.J.) 15-00195; B.S.C. Holding: Despite the debtor’s use of an incorrect address, the lawyer who represents the father of the debtor’s children in family court received a few documents ...

Tagged with: Contempt

In re McClain (McClain v. Midland Funding, LLC) (Lawyers Weekly No. 003-022-16, 8 pp.) (Helen Burris, J.) 16-80100; B.S.C. Holding: Even though the defendant-creditor violated Fed. R. Bankr. P. 3001(c)(2) when it included “interest, fees, expenses, or other charges incurred ...

Tagged with: Interest

Fort v. Kudeviz (In re Genesis Press, Inc.) (Lawyers Weekly No. 003-020-16, 16 pp.) (Helen Burris, J.) 15-80024; B.S.C. Holding: Even though the memorandum regarding defendants’ loans to the plaintiff-debtor was ambiguous as to interest, the court determines that defendants ...

Tagged with: Bankruptcy

Vieira v. Simpson (Lawyers Weekly No. 002-187-16, 12 pp.) (David Norton, J.) 2:13-cv-02610; D.S.C. Holding: Since the only claim remaining in this case is the bankruptcy trustee’s claim for equitable subordination, and since this is a core bankruptcy proceeding, there ...

Tagged with: Referral