Chapter 11 ORDER OF DISMISSAL David R. Duncan , Chief U.S. Bankruptcy Judge District of South Carolina. THIS MATTER is before the Court on the motion of creditor Scarlet Portfolio, LLC ("Scarlet Portfolio") to dismiss the bankruptcy case of Debtor Edgefield Inn, LLC with prejudice. After careful consideration of the applicable law, arguments of counsel, and evidence submitted, Scarlet Portfolio's request for dismissal is granted. Dismissal is without prejudice. I. Facts and Procedural...
Chapter 11 ORDER DENYING MOTION TO USE CASH COLLATERAL David R. Duncan, Chief US Bankruptcy Judge This matter is before the Court on a motion to use cash collateral filed by the debtor, Stacy's Inc. ("Debtor"), on November 15, 2013. Bank of the West ("BOTW") objected to the motion. Debtor filed a supplement to its motion on December 19, 2013, which, although labeled as a supplement, includes other grounds for relief, more specifically requesting that BOTW's collateral be surcharged under 11...
Chapter 13 ORDER JOHN E. WAITES , US Bankruptcy Judge , District of South Carolina. This matter is before the Court on Debtor's Motion for Immediate Turnover, filed November 26, 2014. The Court has jurisdiction over the proceeding pursuant to 28 U.S.C. 1334 and 157. This adversary proceeding is a core proceeding under 28 U.S.C. 157(b)(2)(E) and relates to the Chapter 13 bankruptcy case of Debtor Jason Curtis Nelson, C/A No. 14-06385, pending before the undersigned. Pursuant to Fed.R....
ORDER David R. Duncan , Chief US Bankruptcy Judge . This matter is before the Court on the objection of R. William Metzger, Jr., trustee for the chapter 11 bankruptcy estate of William Maxwell Gregg, II ("Trustee"), joined by German American Capital Corporation, acting by and through its Servicer, Situs Holdings, LLC, to the claim of Jupiter Capital, LLC ("Jupiter Capital"). For the reasons set for below, the Court sustains the Trustee's objection with regards to the NBSC fees and...
Chapter 7 ORDER GRANTING TRUSTEE'S AMENDED APPLICATION TO EMPLOY David R. Duncan, Chief US Bankruptcy Judge. THIS MATTER is before the Court on the chapter 7 trustee's ("Trustee") Amended Application to Employ Andrew K. Epting, Jr., LLC, as Special Counsel. Debtor Richardson Miles Hanckel, III ("Debtor") and interested party R.M. Hanckel, Jr. (together, "the Hanckels") objected to the application, and the Court set a hearing on the matter for September 23, 2014. After careful consideration...
Chapter 13 ORDER JOHN E. WAITES , US Bankruptcy Judge , District of South Carolina. This matter comes before the Court for confirmation of the Second Amended Chapter 13 Plan filed by Larry L. Sanders ("Debtor") on August 27, 2014. At the confirmation hearing, the Trustee argued that the treatment of the secured claim of Enterprise Bank of South Carolina ("Enterprise") in Debtor's Plan was improper because it proposed to pay Enterprise's secured claim over the term of the Plan with no...
Chapter 7 JUDGMENT ON PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT JOHN E. WAITES , US Bankruptcy Judge , District of South Carolina Based on the findings of fact and conclusions of law set forth in the attached Order, the Court hereby DENIES the Motion for Summary Judgment filed by Plaintiffs Arabi Gin Company, BCT Gin Company, Inc., Coley Gin & Fertilizer Company, Jones County Cotton Gin, Inc., and Henry County Gin, LLC, in its entirety. Further, the Court hereby GRANTS in part and...
Chapter 12 David R. Duncan, Chief U.S. Bankruptcy Judge THIS MATTER is before the Court to consider the motions of creditors AgSouth Farm Credit, ACA ("AgSouth"), Jones Farm, LLC ("Jones Farm"), the United States of America on behalf of the Farm Service Agency ("the FSA"), and the chapter 12 trustee ("Trustee") to dismiss the case with prejudice. The Court held a hearing on the motions to dismiss October 8, 2014 and, after consuming the morning, continued the hearing to October 9, 2014. The...
Chapter 7 ORDER DENYING PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL FOR DEFENDANTS David R. Duncan, Chief US Bankruptcy Judge. This matter is before the Court on a motion to disqualify counsel for the defendants, Heritage Funding, LLC and Ronald F. LeGrand ("Defendants"), filed by the plaintiff, Michelle L. Vieira, Trustee ("Plaintiff"), on July 25, 2014. Defendants objected to the motion, and this Court held a hearing on the motion on August 26, 2014. After careful consideration of the...
Chapter 7 SECOND ORDER REGARDING MOTION TO DISMISS FILED BY JOSHUA L. KESSLER, TRITON STONE GROUP, LLC, AND TRITON STONE OF SOUTHAVEN John E. Waites, US Bankruptcy Judge, District of South Carolina. This matter is before the Court on the Motion to Dismiss the Amended Complaint filed by Joshua L. Kessler, Triton Stone Group, LLC, and Triton Stone of Southaven (collectively, "Defendants"). At the hearing on the Motion, Defendants raised for the first time the issue of whether Defendants, as...
Chapter 7 ORDER REGARDING MOTIONS TO DISMISS FILED BY JOSHUA L. KESSLER, TRITON STONE GROUP, LLC, TRITON STONE OF SOUTHAVEN, AND RANDY MATHIS John E. Waites, US Bankruptcy Judge This matter comes before the Court on the Motion to Dismiss Amended Complaint or for More Definite Statement ("Motion") filed by Joshua L. Kessler, Triton Stone Group, LLC, and Triton Stone of Southaven (collectively, Movants), and the Motion to Dismiss Amended Complaint or for More Definite Statement filed by Randy...
Chapter 7 ORDER David R. Duncan, Chief US Bankruptcy Judge. This matter is before the Court on cross-motions for summary judgment filed by the plaintiff, Kevin Campbell, Trustee ("Plaintiff") and the defendants, R.M. Hanckel, III; Hanckel Marine, LLC; Pamela Hanckel; and R.M. Hanckel, Jr. ("Defendants"). Also before the Court are a second motion in limine, third motion in limine, and a motion to allow filing out of time filed by Defendants. Plaintiff responded in opposition to Defendants'...
Chapter 13 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT David R. Duncan, Chief US Bankruptcy Judge This matter is before the Court on the motion for default judgment filed by the plaintiff, Joy S. Goodwin, Trustee ("Plaintiff). In the second amended complaint Plaintiff filed in this adversary proceeding, she seeks to avoid certain allegedly fraudulent transfers under 11 U.S.C. 548(a), 544(b), and 549(a). She also seeks recovery under 11...
