Chapter 7 ORDER DENYING MORGAN KEEGAN & COMPANY, INC. AND KEITH E. MEYERS'S MOTION TO DISMISS IN PART ON IN PARI DELICTO GROUNDS John E. Waites, US Bankruptcy Judge This matter comes before the Court on the Motion to Dismiss filed by Defendants Morgan Keegan & Company, Inc. ("MK") and Keith E. Meyers ("Meyers") (collectively, "MK Defendants"). The Plaintiff, Robert F. Anderson, as Chapter 7 Trustee for Infinity Business Group, Inc. ("Trustee"), filed an Objection to the Motion to...
ORDER DENYING MOTION TO DISMISS FILED BY DEFENDANTS WADE CORDELL, BRADSHAW CORDELL, CORDELL, LLC, THE CORDELL, GROUP, LLC, AND GIBSON COMMONS, LLC. John E. Waites, US Bankruptcy Judge, District of South Carolina. This matter comes before the Court upon the Motion to Dismiss ("Motion"), filed by Defendants Wade Cordell; Bradshaw Cordell; Cordell, LLC; The Cordell Group, LLC; and Gibson Commons, LLC (collectively, "Defendants") on May 1, 2013. Plaintiff, Robert F. Anderson, Chapter 7 Trustee ("...
Chapter 12 ORDER DENYING CONFIRMATION AND DISMISSING CASE David R. Duncan, Chief US Bankruptcy Judge, District of South Carolina THIS MATTER is before the Court to consider confirmation of Debtor's chapter 12 plan and on the motions of AgSouth Farm Credit, ACA (AgSouth), Jones Farm LLC (Jones), and the chapter 12 trustee (Trustee) to dismiss the case with prejudice. Farm Services Agency orally joined in the motions. A hearing on the motions to dismiss convened October 3, 2013 and, after...
Chapter 11 ORDER ON MOTION FOR RELIEF FROM STAY AND OBJECTION TO EXEMPTIONS David R. Duncan, Chief US Bankruptcy Judge This matter is before the Court on a motion for relief from stay filed by First Citizen Bank and Trust Company, Inc. ("First Citizens") on June 21, 2013, and an objection filed on June 21, 2013, to exemptions claimed by the debtors, John Woodrow Holt, III ("Mr. Holt") and Carole Ann Cox Holt ("Ms. Holt") (collectively, the "Holts"). The Holts responded in opposition to both...
ORDER GRANTING DEBTOR'S MOTION FOR AN ORDER AUTHORIZING A SUBSTITUTE ASSET PURCHASE AGREEMENT IN AID OF IMPLEMENTATION OF THE PLAN AND APPROVING THE NOTICE AND APPLICATION FOR SETTLEMENT AND COMPROMISE BETWEEN DEBTOR AND SC REGIONAL HEALTH SYSTEM, LLC DAVID R. DUNCAN, Chief Judge. This matter is before the Court on the Motion for an Order Authorizing a Substitute Asset Purchase Agreement in Aid of Implementation of the Plan ("Substitution Motion") entered by the debtor, Barnwell County...
Chapter 7 ORDER DENYING MOTION TO DISMISS David R. Duncan, Chief US Bankruptcy Judge This matter is before the Court on a motion pursuant to 11 U.S.C. 707(a) and (b)(3) to dismiss the chapter 7 bankruptcy case of the debtor, Jesse Derek Evatt ("Debtor"). Barry W. Lipsitz and Naomi Donner (collectively, "Movants") filed the motion to dismiss on June 4, 2013. Debtor responded in opposition. The Court held a hearing on July 15, 2013. After careful consideration of the arguments of counsel,...
Chapter 7 ORDER David R. Duncan, Chief US Bankruptcy Judge This adversary proceeding comes before the Court on the amended complaint of the plaintiffs, Andrew Taylor and Naomi Taylor ("Plaintiffs"), seeking a determination that a debt owed to them by the debtor and defendant, Ronald Jefferson Davis, Jr. ("Defendant") is nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). Jurisdiction for this proceeding is premised upon 28 U.S.C. 1334 and 157(a). This adversary...
ORDER GRANTING SCBT'S MOTION FOR PARTIAL SUMMARY JUDGMENT DAVID R. DUNCAN, Chief Judge. This matter is before the Court on a motion for partial summary judgment entered by defendant SCBT, N.A. f/k/a South Carolina Bank and Trust, N.A. ("SCBT") on January 4, 2013. Defendant Crop Production Services, Inc. ("CPS") responded in opposition. The Court held a hearing on the motion for summary judgment on January 22, 2013. After careful consideration, the Court grants SCBT's motion for partial...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT STEVEN R. WICKER'S MOTION, VACATING SUMMARY JUDGMENT ORDER AS TO STEVEN R. WICKER ONLY AND REMANDING REMAINING CAUSES OF ACTION, DEFENSES AND COUNTERCLAIMS HELEN E. BURRIS, Bankruptcy Judge. On appeal, the U.S. District Court for the District of South Carolina granted appellant Steven R. Wicker's Motion to Remand and denied appellee SCBT, N.A.'s ("SCBT") Motion to Dismiss the appeal. 1 On remand this Court must determine if any relief...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTOR'S EXEMPTIONS DAVID R. DUNCAN, Bankruptcy Judge. This matter comes before the Court on the objection of the Chapter 7 Trustee ("Trustee") entered October 15, 2012, to exemptions claimed by the debtor, Charles E. Riley ("Debtor") on his schedules. Debtor filed a response in opposition to the objection. The Court held a hearing on December 4, 2012, at which it heard arguments and directed the parties to submit supplemental briefing. Both the Trustee...
Chapter 13 ORDER (1) CERTIFYING CASE TO DISTRICT COURT FOR FINDING OF CRIMINAL CONTEMPT OF PRIOR BANKRUPTCY ORDERS AND (2) REFERRING MATTER TO THE UNITED STATES ATTORNEY John E. Waites, UNITED STATES BANKRUPTCY JUDGE. This matter came before the Court for a hearing on the Order and Rule to Show Cause regarding Sherwood W. Salmons ("Salmons") issued by the Court on March 25, 2013 ("Salmons Rule"). The Salmons Rule required Salmons to appear before the Court for the following reasons: (i)...
Chapter 13 ORDER David R. Duncan, Chief US Bankruptcy Judge This matter comes before the Court on the motion filed by GMAC Mortgage, LLC ("GMAC") to annul the automatic stay. The debtor, Rodney Phillip Oncale II ("Debtor"), responded in opposition to the motion. After careful consideration of the applicable law, evidence submitted, and arguments of counsel, as stated on the oral record at the August 7, 2013 hearing, the Court hereby denies GMAC's motion to annul the automatic stay. FACTS...
