ORDER GRANTING MOTION TO COMPEL John E. Waites , US Bankruptcy Judge . This matter comes before the Court on the Motion to Compel filed by Kristin Golestan ("Movant") on January 7, 2020. Amir Golastan Parast ("Debtor"), pro se, filed an Objection to the Motion to Compel on January 21, 2020, and has asserted his Fifth Amendment privilege against self-incrimination as to the production of certain documents subpoenaed by the Movant in connection with a Rule 2004 examination. For the...
AMENDED SETTLEMENT ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY HELEN E. BURRIS , Chief Bankruptcy Judge . This matter comes before the Court on the motion for relief filed by Debra Stephen ("Movant"). The Chapter 13 Trustee did not object to the motion or has agreed to the settlement. The property serving as collateral which is the subject of the motion is described as follows: the real property and improvements located at 1457 Aldrich Street, Aiken, South Carolina Upon Movant's...
ORDER John E. Waites , US Bankruptcy Judge . This matter is before the Court for a determination of damages regarding the Complaint filed by Cameron Julius Xavier Banks ("Plaintiff or Debtor") against Gralin Hampton Auto Sales ("Defendant"). In his Complaint, Plaintiff seeks damages for willful violation of the automatic stay under 11 U.S.C. 362(k)(1) due to the post petition repossession of three vehicles by Defendant. The Court has jurisdiction over this matter pursuant to 28 U.S.C....
ORDER Helen E. Burris , US Bankruptcy Judge . THIS MATTER came before the Court for a trial on the Complaint filed by Plaintiffs George Robert Walker and Sherry Denise Walker against Defendants UpRight Law, Law Solutions Chicago, LLC, Law Solutions Chicago LLC (collectively, "Upright"). 1 Testimony was provided by the Walkers, a representative of Set Financial, attorneys Herman F. "Rick" Richardson and Paul Owen, and Ryan Galloway on behalf of Upright. The only remaining issue is whether...
ORDER ON MOTIONS FOR RELIEF FROM STAY US Bankruptcy Judge District of South Carolina. The matters addressed herein come before the Court upon Kristin M. Golestan's Motion for Relief from Automatic Stay ("Mrs. Golestan's 362 Motion") and Amir Golastan Parast's Motion for Emergency Relief from Automatic Stay to Continue Action in Family Court ("Debtor's 362 Motion"). 1 Both Amir Golastan Parast a/k/a Amir Golestan ("Debtor") and Kristin M. Golestan ("Mrs. Golestan") filed objections to the...
ORDER David R. Duncan , Chief US Bankruptcy Judge . THIS MATTER is before the Court on Cynthia Holmes's ("Defendant") Motion to Dismiss ("Motion") the complaint in this adversary proceeding. The complaint seeks a determination that the debt due the plaintiff, Haynsworth Sinkler Boyd, P.A. ("HSB"), by Defendant is not discharged by Defendant's bankruptcy pursuant to 11 U.S.C. 523(a)(6). Defendant filed the original Motion on October 11, 2019 and amended the Motion on December 2, 2019. On...
ORDER REGARDING MOTION TO DETERMINE MORTGAGE FEES AND EXPENSES Helen E. Burris , US Bankruptcy Judge . THIS MATTER is before the Court on the Motion to Determine Mortgage Fees and Expenses filed by Debtor Michele Christine Longhurst. 1 Creditor U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2018 G-CTT ("U.S. Bank") filed a Reply 2 and a hearing was held on October 24, 2019. FACTS Many relevant facts are not in dispute...
ORDER GRANTING MOTIONS TO DISMISS HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court for consideration of the Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (6) 1 filed by: (1) Lynn W. Lancaster, in her capacity as Clerk of Court for Laurens County, Betty Wyatt, and Lindy Meece; 2 (2) the State of South Carolina and the Honorable Joseph C. Smithdeal; 3 and (3) South Carolina Department of Social Services and Palmetto Automated Child Support System State...
JUDGMENT HELEN E. BURRIS , Bankruptcy Judge . Pursuant to the Order entered herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff Aaron Lamont Chambers, Sr., is hereby granted a judgment against Defendant Americar, Inc d/b/a Auto Brokers in the amount of $1,000.00 actual damages and $10,000 in punitive damages pursuant to 11 U.S.C. 362(k). 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 Plaintiff Aaron Lamont Chambers, Sr., is hereby granted a judgment against Defendant Americar, Inc d/b/a Auto Brokers in the amount of $1,000.00 actual damages and $10,000 in punitive damages pursuant to 11 U.S.C. 362(k). AND IT IS SO ORDERED.
ORDER Helen E. Burris , US Bankruptcy Judge . THIS MATTER came before the Court for trial on the Complaint 1 filed by Debtor Aaron Lamont Chambers, Sr., whose vehicle was repossessed by Defendant Americar, Inc. d/b/a Auto Brokers ("Auto Brokers") in violation of 11 U.S.C. 362. Chambers alleges he is entitled to a judgment for damages. John M. Foster represented Auto Brokers and F. Lee O'Steen appeared on behalf of Chambers. After careful consideration and an opportunity to observe the...
ORDER SANCTIONING SYNERGY LAW, LLC AND REQUIRING DISGORGEMENT OF FEES, PAYMENT OF DAMAGES TO THE DEBTOR, IMPOSING FINES AND SANCTIONS, AND ENJOINING FUTURE ACTIONS OF SYNERGY LAW, LLC This matter comes before the Court on the motion filed by the United States Trustee ("UST") for entry of an order pursuant to 11 U.S.C. 110 and 105 1 and the Court's inherent authority requiring the disgorgement of fees received, the payment of damages to the debtor, the imposition of fines and sanctions,...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DAVID R. DUNCAN , Chief Bankruptcy Judge . This matter is before the Court on opposed cross-motions for summary judgment. The plaintiff, Robert F. Anderson, is the chapter 7 trustee. The defendant, Eric L. Monroe, received a transfer of property from one of the debtors. The trustee seeks avoidance of the transfer and recovery of the property. The defendant pleads resulting and...
ORDER ALLOWING INTERIM COMPENSATION HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court on the Interim Application for Compensation filed by Beal, LLC ("Applicant"), counsel to the Official Committee of Unsecured Creditors, requesting compensation in the amount of $312,892.50 for services rendered from March 19, 2019, through May 31, 2019. 1 The Application summarized and categorized the Applicant's services and attached 127 pages of time sheets in support. The Office of...
ORDER DISMISSING ADVERSARY PROCEEDING AND DISCHARGING STUDENT DEBT HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for a Pre-Trial Conference on July 23, 2019. Present at the conference was Assistant U.S. Attorney George J. Conits, on behalf of, the Defendant United States of America, acting on behalf of the United States Department of Education (hereinafter "DOE"). The Plaintiff did not appear. The Court was informed that the DOE consents to a discharge of the...
ORDER GRANTING RELIEF FROM STAY BASED UPON FAILURE TO COMPLY WITH SETTLEMENT ORDER JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the Affidavit of Default and Request for Further Hearing filed by Nationstar Mortgage LLC as servicing agent for U.S. Bank National Association as Indenture Trustee for Cim Trust 2015-2ag Mortgage-Backed Notes, Series 2015-2AG ("Movant"), which indicates that Debtor(s) have failed to comply with the terms of the Settlement Order,...
ORDER GRANTING MOTION TO APPOINT CHAPTER 11 TRUSTEE HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for consideration of the Motion for an Order Directing the Appointment of a Chapter 11 Trustee, or Alternatively, Conversion of the Case to Chapter 7 filed John P. Fitzgerald, III, the Acting United States Trustee for Region 4 ("UST"). 1 The Official Committee of Unsecured Creditors ("Committee") supported the Motion 2 and Debtor Mairec Precious Metals U.S., Inc. (...
ORDER DENYING MOTIONS TO ENFORCE SETTLEMENT HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court for consideration of the Motions to Enforce Settlement 1 filed by Chandelle Property Owners Association ("POA") and the Responses thereto. 2 Status conferences 3 and a contested hearing were held on May 21, 2019. Present at the hearing were Robert Cooper, counsel for the Debtors CSC Developers, LLC ("CSC") and Chandelle Runway, LLC ("Runway"), Robert Wood, counsel for the...
ORDER LIFTING THE AUTOMATIC STAY HELEN E. BURRIS , Bankruptcy Judge . This matter is before the Court on the certification of JPMorgan Chase Bank, National Association ("Movant") that Debtor(s) did not comply with the settlement order entered by the Court on November 2, 2018 by failing to make required payments, as follows: December 2018 - March 2019 regular payments and December 2018 - March 2019 stipulation payments. Movant has waived any claim arising under 11 U.S.C. 503(b) and 507(b)...
ORDER HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court for consideration of the Motion for Relief from Stay filed by Creditor Rabo Agrifinance LLC 1 and the objection to the Motion and Objection to Claim filed by Debtor James Edwin Ollis. 2 A continued hearing was held on March 1, 2019. Present at the hearing were Constance Young on behalf of Rabo and Alecia Compton on behalf of Ollis. The Court heard testimony from Ollis, Clark Roach, and Dustin Dyal and received...
