The federal Anti-Injunction Act prohibits bankruptcy courts from enjoining the IRS from collecting a tax debt, a South Carolina bankruptcy court judge has ruled. The decision puts the South Carolina bankruptcy court among the majority that have ruled that the ...

Tagged with: Bankruptcy

The South Carolina Bankruptcy Court didn’t buy an Orangeburg attorney’s explanation of an honest mistake. Instead, on Oct. 27 it found that he intentionally tried to derail an arbitration and was forum shopping, and sanctioned him to the tune of ...

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A Charleston attorney who bungled a Chapter 7 bankruptcy case has been slapped with a disgorgement order requiring him to cough up a portion of the legal fees he collected from a pair of clients. South Carolina Chief U.S. Bankruptcy ...

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In re Busche (Lawyers Weekly No. 003-017-15, 9 pp.) (David Duncan, C.J.) 15-02559; B.S.C. Holding: The inadequate investigation conducted by debtors’ counsel caused not only the U.S. Trustee, but also the debtors themselves to expend significantly more time and effort ...

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In German, the word for “debt”—schuld—is the same as the word for “guilt,” which helps explain a lot about European attitudes toward insolvency. Not so in the U.S., where bankruptcy law is comparatively merciful toward debtors and more oriented around ...

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The Georgetown County Circuit Court will have to revisit its decision not to restore a property lawsuit to the docket after the South Carolina Court of Appeals on Aug. 12 found that the lower court wrongly determined that the statute ...

Tagged with: Bankruptcy Statute of Limitations

Goodwin v. Landquest Development, LLC (Lawyers Weekly No. 011-080-15, 10 pp.) (John Few, C.J.) Appealed from Georgetown County Circuit Court (Benjamin Culbertson, J.) S.C. App. Holding: Plaintiffs’ timely-filed lawsuit was “stricken” when one of the defendants declared bankruptcy. When plaintiffs ...

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Anderson v. Bajaj (In re Medical Management Group, LLC) (Lawyers Weekly No. 003-012-15, 13 pp.) (David Duncan, C.J.) 15-80029; B.S.C. Holding: The trustee seeks to avoid transfers of oncology drugs from the debtor, a medical management company, to a now-bankrupt ...

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In re Legette (Lawyers Weekly No. 003-011-15, 8 pp.) (John Waites, J.) 15-03320; B.S.C. Holding: The debtor seeks to have the court pierce the corporate veil of the debtor’s own limited liability company to stop the “injustice” of a creditor ...

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Houck v. Substitute Trustee Services Inc. (Lawyers Weekly No. 001-124-15, 33 pp.) (Niemeyer, J.) No. 13-2326, July 1, 2015; USDC at Statesville, N.C. (Cayer, J.) 4th Cir. Holding: The 4th Circuit vacates dismissal of plaintiff’s suit against a substitute trustee ...

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