ORDER DENYING MOTION FOR RELIEF FROM THE AUTOMATIC STAY JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court on the Motion for Relief from the Automatic Stay ("Motion") filed by Anderson Brothers Bank ("Bank"). Belinda Ann McCall ("Debtor") objected to the Motion. After a hearing on the Motion, the Court makes the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52, which is made applicable to this proceeding by Fed. R. Bankr. P. 7052 and 9014(...
ORDER AND FURTHER RULE TO SHOW CAUSE JOHN E. WHITES , Judge . THIS MATTER comes before the Court on a Motion to Enforce Order Requiring Loss Mitigation ("Motion") filed by Alexander Graham McCall ("Debtor"). In response to the Motion, this Court entered an Order and Rule to Show Cause as to Ditech Financial LLC f/k/a Green Tree Servicing LLC ("Ditech") on November 9, 2015. Ditech filed an objection to the Motion and a hearing was held on November 19, 2015. In attendance at the hearing was...
ORDER JOHN E. WHITES , Bankruptcy Judge . This matter comes before the Court upon the motion ("Motion") filed on June 25, 2015 by Green Tree Servicing LLC ("Green Tree"), seeking relief from the automatic stay pursuant to 11 U.S.C. 362(d)(1). 1 Kathy Rouse Burns ("Debtor") filed an objection to the Motion on July 7, 2015. This Court has jurisdiction over this matter as a core proceeding pursuant to 28 U.S.C. 1334 and 157. Pursuant to Fed. R. Civ. P. 52, which is made applicable to...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO POST-CONFIRMATION MODIFICATION OF PLAN HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court for consideration of the Post-Confirmation Modification of Plan proposed by Debtors Ronald Edwin Rupp and Sandra Fishack Rupp on June 3, 2015. 1 The Modification seeks to reduce plan payments from $1,900.00 to $650.00 per month for the remainder of the plan due to loss of income. Chapter 13 Trustee, William K. Stephenson, Jr., objected on...
JUDGMENT Based on the findings of fact and conclusions of law set forth in the attached Order, the Court hereby enters judgment in favor of Defendants Nicholas Peter Francis Earlam and Plexus Limited, Ltd. on all remaining claims in this adversary proceeding. 1 Specifically, judgment is hereby entered in favor of Defendant Nicholas Peter Francis Earlam on the following claims: (1) All Plaintiffs' and Assignor-Gins' claims for breach of fiduciary duty to creditors; (2) Fraud claims brought by...
ORDER SUSTAINING OBJECTION TO HOMESTEAD EXEMPTION The relief set forth on the following pages, for a total of 13 pages including this page, is hereby ORDERED. HELEN ELIZABETH BURRIS , Bankruptcy Judge . THIS MATTER comes before the Court on the Objection to Homestead Exemption filed by Founders Federal Credit Union ("Founders") 1 and Debtor Jeffrey Nelson Vance's Response. 2 The issue before the Court is whether the property Vance claims as his homestead has served as his residence...
ORDER DAVID R. DUNCAN , Bankruptcy Judge . This adversary proceeding is before the Court on the amended complaint filed by Richardson Miles Hanckel, Jr. ("Plaintiff" or "Miles") against Kevin Campbell, chapter 7 trustee ("trustee"); the counterclaims asserted by the trustee; and the third party complaint filed by the trustee against Pam Hanckel ("Pam") and Hanckel Properties, LLC ("Hanckel Properties") (collectively, "Third Party Defendants"). The Court granted partial summary judgment on...
ORDER JOHN E. WAITES , Bankruptcy Judge . This matter comes before the Court upon the motion ("Motion") filed on June 25, 2015 by Green Tree Servicing LLC ("Green Tree"), seeking relief from the automatic stay pursuant to 11 U.S.C. 362(d)(1). 1 Kathy Rouse Burns ("Debtor") filed an objection to the Motion on July 7, 2015. This Court has jurisdiction over this matter as a core proceeding pursuant to 28 U.S.C. 1334 and 157. Pursuant to Fed. R. Civ. P. 52, which is made applicable to...
ORDER SUSTAINING TRUSTEE'S OBJECTION TO POST-CONFIRMATION MODIFICATION OF PLAN HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER is before the Court for consideration of the Post-Confirmation Modification of Plan proposed by Debtors Ronald Edwin Rupp and Sandra Fishack Rupp on June 3, 2015. 1 The Modification seeks to reduce plan payments from $1,900.00 to $650.00 per month for the remainder of the plan due to loss of income. Chapter 13 Trustee, William K. Stephenson, Jr., objected on...
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT HELEN E. BURRIES , Bankruptcy Judge . THIS MATTER came before the Court on the Motion for Summary Judgment ("Motion") filed by Defendant Frederick Richard Thoennes, III ("Thoennes") 1 and the Objection of Plaintiff Andrew P. Ballard ("Ballard"). 2 Ballard's Complaint, filed after Thoennes' bankruptcy discharge was entered, asks the Court to find that the debt owed to him is not affected by Thoennes' discharge. Thoennes' Motion asserts...
ORDER JOHN E. WAITES , U.S. Bankruptcy Judge , District of South Carolina. This matter is before the Court following a trial on the complaint in the above-captioned adversary proceeding. The parties have expressly consented to this Court's entry of final orders and judgments. Therefore, the Court is permitted "to hear and determine and to enter appropriate orders and judgments." 1 28 U.S.C. 157(c)(2) (2012); see Wellness Int'l Network, Ltd. v. Sharif, ___ U.S. ___, 135 S.Ct. 1932 ,...
ORDER SUSTAINING OBJECTION TO CLAIM David R. Duncan , Chief US Bankruptcy Judge , District of South Carolina THIS MATTER comes before the Court on an Objection to Claim of LVNV Funding & Vativ Recovery Solutions ("Objection") filed by Derrick Allen and Teresa Stevens Harling ("Debtors"), the Response to Objection to Claim ("Response") filed by LVNV Funding, LLC ("LVNV" or "Creditor"), and the Supplemental Memorandum to the Response ("Supplemental Memorandum") filed by LVNV. After hearing...
ORDER ON APPLICATION FOR SETTLEMENT AND COMPROMISE OF PROOF OF CLAIM NO. 1 AND DIRECTING ANTHONY J. CILWA TO FILE A STATEMENT OF DISPUTE IN SUPPORT OF HIS OBJECTION TO CLAIM HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for hearing on November 10, 2015, on the Notice and Application for Settlement and Compromise of Proof of Claim No. 1 ("Application") filed by John K. Fort, Chapter 7 Trustee, seeking Court approval of an agreement reached between the Chapter 7...
ORDER HELEN E. BURRIS , US Bankruptcy Judge , District of South Carolina THIS MATTER came before the Court to consider confirmation of the proposed plan filed by Debtors Ryan Michael Bycura and Sherri Ann Bycura, and for a hearing on the Bycuras' Objection to the Claim of Founders Federal Credit Union ("Founders"), Founders' Objection to the Homestead Exemption, and Founders' Motion for Relief from the Automatic Stay. The Court enters the following findings of fact and conclusions of law...
ORDER DAVID R. DUNCAN , Chief Bankruptcy Judge . THIS MATTER is before the Court on a Motion for Sanctions Against Trustee's Special Counsel Paul W. Owen, Jr. ("Motion") filed by Blue World Pools, Inc. ("Blue World") and the response of Paul W. Owen, Jr. For the reasons set forth below, the Court grants the Motion. Owen is sanctioned $5,000, and shall pay the sanctions to Blue World within twenty (20) days of the entry of this order. I. Facts and Procedural History On May 9, 2008, Peggy...
ORDER REQUIRING DISGORGEMENT OF FEES DAVID R. DUNCAN , Chief Bankruptcy Judge . THIS MATTER comes before the Court a motion filed by the United States Trustee ("UST") for Review of Attorney's Fees and Disgorgement ("Motion") of fees received by counsel D. Nathan Davis from John and Alycia Busche ("Debtors"). Based upon the filings in this case, applicable statutory and case law, evidence presented, and arguments of counsel, the Court orders Davis to disgorge $620 to the Debtors within 10...
ORDER John E. Waites , US Bankruptcy Judge , District of South Carolina This matter comes before the Court upon the Complaint filed by Julie Gwen Warren ("Debtor") against Arthur Dill, individually and d/b/a Dill's Used Cars, and Julius Anderson ("Defendants"). In the Complaint, Debtor asserts a claim for willful violation of the automatic stay pursuant to 11 U.S.C. 362(h)(1), 1 based upon the Defendants' alleged post-petition repossession of Debtor's 2005 Pontiac Sunfire ("Vehicle")....
ORDER DISALLOWING CLAIM HELEN E. BURRIS , Bankruptcy Judge . THIS MATTER came before the Court for a hearing on August 20, 2015, on the Objection to Claim of LVNV Funding, LLC ("Objection") filed by Ralph Delane Cunningham 1 and Response to Objection filed by LVNV Funding, LLC ("LVNV"). 2 Cunningham filed an Objection to LVNV's Proof of Claim 12-1 in the amount of $6,073.34 on the basis that the claim was barred by the statute of limitations pursuant to S.C. Code Ann. 15-3-530. LVNV...
ORDER DISALLOWING CLAIM David R. Duncan , Chief US Bankruptcy Judge , District of South Carolina THIS MATTER comes before the Court on the Objection to Claim of LVNV Funding, LLC ("Objection") filed by Sherry Lynne Vaughn ("Debtor") and the Response to Objection to Claim ("Response") filed by LVNV Funding, LLC ("LVNV" or "Creditor"). For the reasons set forth below, after careful consideration of the applicable law, arguments of counsel, and evidence submitted, the Court sustains the...
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Helen E. Burris , US Bankruptcy Judge , District of South Carolina THIS MATTER came before the Court on the Motion for Summary Judgment ("Motion") filed by Defendant Frederick Richard Thoennes, III ("Thoennes") 1 and the Objection of Plaintiff Andrew P. Ballard ("Ballard"). 2 Ballard's Complaint, filed after Thoennes' bankruptcy discharge was entered, asks the Court to find that the debt owed to him is not affected by Thoennes' discharge....
