South Carolina Lawyers Weekly

In re Elmore (Lawyers Weekly No. 003-018-16, 13 pp.) (David Duncan, C.J.) 16-90003; B.S.C. Holding: The court rejects involuntary bankruptcy petitions, which were filed by “natural persons” Ronald Allen Wright and Eugene Elmore against “civil dead entities” RONALD ALLEN WRIGHT ...

Tagged with: Natural Persons

In re Bair (Lawyers Weekly No. 003-017-16, 17 pp.) (David Duncan, C.J.) 15-03488; B.S.C. Holding: The trustee has obtained an order allowing the sale of the debtors’ farm equipment. Although the debtors’ son claims that he owns some of the ...

Tagged with: Rule 60

Hoy v. Atkeson (Lawyers Weekly No. 002-106-16, 9 pp.) (Mary Geiger Lewis, J.) 3:15-cv-04860; D.S.C. Holding: Where the insolvent debtor’s nondischargeable debts ($3.8 million) far exceed his assets (his primary assets that are the subject of this appeal are worth ...

Tagged with: Appeals

Fort v. Kudeviz (In re Genesis Press, Inc.) (Lawyers Weekly No. 003-016-16, 19 pp.) (Helen Burris, J.) 15-80024; B.S.C. Holding: There is conflicting evidence as to whether the defendant-insiders/lenders waived interest payments for a certain period of time on their ...

Tagged with: insiders loans

In re Govan (Lawyers Weekly No. 003-015-16, 11 pp.) (David Duncan, C.J.) 16-00056; B.S.C. Holding: Since the debtor provided no basis for valuing her (un-affixed) mobile home at $29,000, and since the creditor’s appraiser overvalued the home at $44,600 by ...

Tagged with: mobile home

In re Kelly (Lawyers Weekly No. 003-014-16, 12 pp.) (David Duncan, C.J.) 15-06419; B.S.C. Holding: Although the debtor’s home is used in part as a boarding house, it is still the debtor’s primary residence. As such, the creditor’s claim cannot ...

Tagged with: Real Property

Fort v. Cilwa (Lawyers Weekly No. 003-012-16, 12 pp.) (Helen Burris, J.) 15-80172; B.S.C. Holding: It is undisputed that (1) debtor’s interest in property in Anderson County was property of the estate pursuant to 11 U.S.C. § 541, (2) the ...

Tagged with: Summary Judgment

In re Cilwa (Lawyers Weekly No. 002-010-16, 8 pp.) (Helen Burris, J.) 15-00263; B.S.C. Holding: The debtor moves to convert his Chapter 7 case into a Chapter 13 case, but he has failed to show that he has sufficient income ...

Tagged with: denial

Robbins v. Haynes (Lawyers Weekly No. 003-009-16, 14 pp.) (Helen Burris, J.) 15-80159; B.S.C. Holding: Even after being confronted at the meeting of creditors about assets that he had failed to disclose, the debtor took his time in filing amended ...

Tagged with: denial of discharge

Anderson v. Hancock (Lawyers Weekly No. 001-078-16, 20 pp.) (Wilkinson, J.) No. 15-1505, April 27, 2016; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: Debtors whose mortgage loan interest rate was increased upon default cannot effect a “cure” under ...

Tagged with: Debt Collection