Order Denying Motion to Dismiss David R. Duncan , Chief US Bankruptcy Judge , District of South Carolina. This matter is before the Court on a Partial Motion to Dismiss Plaintiff's Amended Complaint filed by defendants Michael Hill, Donald Kamenz, Derek Nice, Carol Drew, and Jesper Lundberg (collectively, "Defendants") on February 1, 2016 [Docket Nos. 31, 32]. Plaintiff Michelle Vieira ("Plaintiff") filed an objection to the Motion to Dismiss on March 11, 2016 [Docket No. 38]. A hearing...
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER comes before the Court for a confirmation hearing regarding the proposed Amended Plan 1 filed by Debtor Jason E. Ewing through his attorney V. Lee Ringler. Chapter 13 Trustee Wm. Keenan Stephenson objects, asserting Ewing's proposed plan does not include the projected disposable income that must be paid to unsecured creditors pursuant to 11 U.S.C. 1325(b)(1)(B). I. FINDINGS OF FACT...
ORDER JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the cross motions for summary judgment filed by Anderson Brothers Bank and Belinda Ann McCall ("Debtor"). Both Anderson Brothers Bank ("Bank") and Debtor filed objections to the opposing party's motion for summary judgment. A hearing was held on the motions, and the Court took the matters under advisement. Pursuant to Fed. R. Civ. P. 56 as made applicable by Fed. R. Bankr. P. 7056, the Court makes the...
ORDER AND INJUNCTION JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the Motion for Summary Judgment ("Motion") filed by the Chapter 7 Trustee, Robert F. Anderson ("Trustee"). Carroll A. Campbell ("Campbell") and John D. Cattano ("Cattano") filed a response to the Motion, and the Court held a hearing on the matter. Pursuant to Fed. R. Civ. P. 52, which is made applicable to this adversary proceeding by Fed. R. Bankr. P. 7052, the Court makes the following...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MORGAN KEEGAN & COMPANY, INC. AND KEITH E. MYERS MOTION FOR SUMMARY JUDGMENT JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the motion of defendants Morgan Keegan & Company, Inc. ("MK") and Keith E. Myers (individually "Myers," collectively "MK Defendants") seeking summary judgment ("Motion") on the grounds that the Trustee's remaining claims 1 are barred by the affirmative defenses of in pari delicto and/...
ORDER ON MOTION FOR CONTEMPT DAVID R. DUNCAN , Chief Bankruptcy Judge . This matter is before the Court on a motion filed by Felicia Nicole Reid ("Debtor") on August 22, 2016, seeking to hold Rossington Law Offices, LLC ("Rossington") in contempt for violating the automatic stay in her chapter 13 case [Docket No. 43]. Rossington filed a response to Debtor's motion on September 8, 2016 [Docket No. 48] and an amended response on November 3, 2016 [Docket No. 55]. A hearing was held on...
ORDER ON MOTION TO DISMISS HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for hearing on October 13, 2016, on the Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure 1 filed by Midland Funding LLC and Midland Credit Management, Inc. (collectively, "Midland"). The essential issue before the Court is whether the proofs of claim filed by Midland comply with the requirements of Rule 3001(c)(2)(A) of the Federal Rules of Bankruptcy...
ORDER OVERRULING OBJECTION TO CONFIRMATION JOHN E. WAITES , Bankruptcy Judge . THIS MATTER comes before the Court for a hearing on the Trustee's Objection to confirmation of the Chapter 13 Plan filed by Dorothy Marie Belton ("Debtor") on June 29, 2016 ("Plan"). After considering the matters before the Court, including the Debtor's testimony, the Plan, the parties' Amended Joint Statement of Dispute, and the applicable code sections and case law, the Court overrules the Trustee's objection...
ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE DAVID R. DUNCAN , Chief Bankruptcy Judge . This matter is before the Court on a motion filed by Apex Bank ("Apex") on August 26, 2016 to dismiss Bettis C. Rainsford's ("Mr. Rainsford") amended complaint with prejudice [Docket No. 25]. Mr. Rainsford filed a memorandum in opposition to Apex's motion to dismiss on September 30, 2016 [Docket No. 28]. A hearing was held on October 5, 2016. At the conclusion of the hearing, the Court granted Apex's...
ORDER DAVID R. DUNCAN , Chief Bankruptcy Judge . Kathy JoAnn Salyers ("Debtor") filed a voluntary petition for relief under chapter 7 of the bankruptcy code on April 17, 2015 (the "Petition Date"). The chapter 7 trustee's ("Plaintiff") complaint in this adversary proceeding contains two causes of action: fraudulent conveyance pursuant to 11 U.S.C. 544 and S.C. Code 27-23-10 and recovery of avoided transfers pursuant to 11 U.S.C. 550(a)(1) and (2). Trial was held September 21, 2016....
ORDER DENYING THE DEBTOR'S MOTION SEEKING DECLARATION THAT THE AUTOMATIC STAY APPLIES PURSUANT TO 11 U.S.C. 362(a) AND/OR TO IMPOSE STAY PURSUANT TO 11 U.S.C. 105(a) JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the Motion of the debtor Thomas Paul Glenn, Jr. ("Debtor") seeking an Order that: (1) the automatic stay of 11 U.S.C. 362(a) applies to the non-debtor, The Yoga House, LLC ("TYH"); or (2) the automatic stay of 11 U.S.C. 362(a) should be...
ORDER John E. Waites , U.S. Bankruptcy Judge , District of South Carolina. This matter comes before the Court upon the objection of First Palmetto Bank ("First Palmetto") to the Chapter 13 plan filed by the debtor McKinley Gibson ("Debtor"), on June 1, 2016 ("Original Plan") and amended on June 24, 2016 ("Amended Plan"). The Debtor asks that First Palmetto's objection filed on July 1, 2016, be overruled as late pursuant to 11 U.S.C. 1323(c) 1 because First Palmetto did not file a timely...
JUDGMENT HELEN E. BURRIS , Bankruptcy Judge . Pursuant to the Order entered herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Michael Kudeviz is not liable to the estate as a result of the above captioned proceeding wherein Plaintiff John K Fort, Chapter 7 Trustee for Genesis Press, Inc., asserted a cause of action against Defendant for the recovery of alleged fraudulent transfers pursuant to S.C. Code Ann. 27-23-10(A), and 11 U.S.C. 544. AND IT IS SO ORDERED.
JUDGMENT HELEN E. BURRIS , Bankruptcy Judge . Pursuant to the Order entered herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Bruce Kudeviz is not liable to the estate as a result of the above captioned proceeding wherein Plaintiff John K Fort, Chapter 7 Trustee for Genesis Press, Inc., asserted a cause of action against Defendant for the recovery of alleged fraudulent transfers pursuant to S.C. Code Ann. 27-23-10(A), and 11 U.S.C. 544. AND IT IS SO ORDERED.
ORDER Helen E. Burris , US Bankruptcy Judge . THIS MATTER came before the Court for a consolidated trial on John K. Fort, Chapter 7 Trustee for Genesis Press, Inc.'s Complaints alleging Defendants Larry Kudeviz, Bruce Kudeviz, and Michael Kudeviz (collectively, "Defendants") 1 received fraudulent transfers that are recoverable pursuant to 11 U.S.C. 544(b) 2 and S.C. Code Ann. 27-23-10(A) (the "Statute of Elizabeth"). After considering the pleadings, the joint stipulation of facts, 3...
ORDER ON MOTION TO ENFORCE ORDER REQUIRING LOSS MITIGATION AND IMPOSING SANCTIONS (Shellpoint Mortgage Servicing) John E. Waites , US Bankruptcy Judge , District of South Carolina. This matter comes before the Court upon the Motion to Enforce Order Requiring Loss Mitigation ("Motion") filed by James Edward Davis and Brenda Jean Davis ("Debtors"). Upon review of the Motion, the Court entered an Order to Appear and Show Cause ("Order to Show Cause") requiring Shellpoint Mortgage Servicing ("...
ORDER David R. Duncan , Chief US Bankruptcy Judge, District of South Carolina . These proceedings 1 are before the Court to consider the following: 1. The eligibility of RONALD ALLEN WRIGHT and EUGENE ELMORE to be debtors under 11 U.S.C. 101(13) and 109 and other applicable law; 2. The standing of Ronald Allen Wright and Eugene Elmore as creditors, the extent of liability on their claims, and the bona fides of any disputes as to liability affecting their eligibility to serve as...
ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT DAVID R. DUNCAN , Chief Bankruptcy Judge . Janet B. Haigler, the chapter 7 trustee ("Trustee"), obtained an order of this Court to sell certain farm equipment free and clear of liens and interests on May 19, 2016 [Docket No. 65]. William Joshua Bair ("Josh Bair") filed a motion for relief from judgment on June 7, 2016 [Docket No. 70]. Trustee filed a response to Josh Bair's motion on June 16, 2016 [Docket No. 74] and a supplemental memorandum...
ORDER JOHN E. WAITES , Bankruptcy Judge . This matter is before the Court on Debtors' Objection to Proof of Claim filed by Bank of the West ("Creditor"). Debtors allege that Creditor's Proof of Claim is improper as the Creditor violated the South Carolina Commercial Code. A hearing was held on Debtor's objection. Based on the pleadings and arguments of counsel, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. On May 1, 2007, Debtors entered into...
ORDER JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the request for a jury trial made by John D. Cattano ("Cattano") and Carroll A. Campbell ("Campbell") in their answers. A hearing was held on the jury demand, at which time the Court also considered its authority to enter final judgments in this proceeding. Based on the arguments of the parties as well as the record, the Court makes the following findings of fact and conclusions of law. 1 FINDINGS OF FACT...
