Bankruptcy Court for the District of South Carolina Court Cases

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  1. In Re Woodberry (2008)

    THIS MATTER is before the Court on the motion of America's Servicing Co., as servicer for U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2005-8, and its successors and/or assigns ("ASC") seeking relief from the automatic stay. A hearing was held in this matter on January 15, 2008. Both Debtor and. ASC appeared at the hearing by and through counsel. The issue to be decided is whether ASC has standing to seek relief from the automatic stay.


    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 07-05024-DD
  2. In Re Sammon (2000)

    THIS MATTER comes before the Court upon John D. Sammon and Judith L. Sammon's (collectively "Debtors") Amended Motion for Sanctions, Attorney's Fees, Costs, and Damages, Other Relief, and Objection to Proof of Claim (the "Motion"), filed with the Court on April 25, 2000. Debtors seek a determination that the Internal Revenue Service's ("IRS") filing of a Proof of Claim with an incorrect amount constituted a violation of the automatic stay pursuant to 11 U.S.C. § 362(h)[1] and should be [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: 99-03532-W
  3. In Re Ray (2007)

    THIS MATTER is before the Court on the United States Trustee's ("UST") Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1)[1] Based on Presumption of Abuse ("Motion"). A hearing was held in this matter January 16, 2007. James B. Ray and Annie M. Ray ("Debtors") and the UST appeared, by and through counsel, to argue the Motion.


    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 06-03988-DD
  4. In Re Virello (1999)

    THIS MATTER comes before the Court upon the Debtors' motion to value collateral pursuant to 11 U.S.C. § 506.[1] Based upon the arguments of counsel and a review of the Chapter 7 file, the Court makes the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 98-03751-W
  5. In Re Weldon (1995)

    THIS MATTER came before the Court for trial on May 8, 1995 upon the Complaint of Plaintiff pursuant to 11 U.S.C. Section 727.[1] Plaintiff is a creditor of the estate of the Debtor and has brought the within adversary proceeding to deny the discharge of the Debtor on the grounds that he has: (1) transferred, removed, or concealed property with the intent to defraud creditors, § 727(a)(2); (2) concealed, falsified, or failed to keep or preserve recorded information, including books and records, [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 94-71548. Adv. No. 94-8182
  6. In Re Cushman (2006)

    These matters come before the Court upon objections to plan confirmation filed by Chapter 13 Trustee James Wyman ("Trustee"). Pursuant to Fed. R. Bankr.P. 3015 and SC LBR 3015-1, the Court makes the following Findings of Fact and Conclusions of Law.[1]


    Court: Bankruptcy Court for the District of South Carolina Docket: 05-449544W, 05-449564W, 05-450804W, 05-451464W, 05-453154W
  7. In Re Taylor (1996)

    THIS MATTER comes before the Court upon the Motion for Authorization to Sell Real and Personal Property Comprising Nursing Home Facilities Free and Clear of All Liens, Encumbrances, Leases and Other Interests Pursuant to 11 U.S.C. งง 363(b)(1) and (f) (the "Motion") filed on January 16, 1996 by Henry Thomas Taylor, the Debtor and Debtor-in-Possession in this case ("Taylor"). In the Motion, Taylor proposes to sell the real and personal property that he owns comprising five nursing home [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 94-73715-W
  8. In Re Wilson (2007)

    This matter comes before the Court upon a Motion to Compel (the "Motion") filed by First Federal Savings & Loan Association of Charleston ("First Federal"). The Motion seeks an order directing Debtor to surrender certain collateral, redeem the collateral, or reaffirm the debts owed to First Federal pursuant to 11 U.S.C. § 521(a)(2).[1] Debtor timely filed an Objection to the Motion to Compel. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(b) and 1334(a) and (b). [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 07-00668-DD
  9. In Re Dunes Hotel Associates (1995)

    THIS MATTER came before the Court pursuant to the Motion of SC Hyatt Corporation and Hyatt Corporation ("Hyatt") to Dismiss the Complaint of Plaintiff Dunes Hotel Associates, or, in the Alternative, to Stay the Second Claim and Compel Its Arbitration ("Hyatt Motion") and the Motion for Partial Summary Judgment against the Defendants with Respect to the First Claim for Relief of the Complaint ("Dunes Motion"), filed by Dunes Hotel Associates ("Dunes" or "Debtor" or "Debtor-in-Possession"). Hyatt [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 94-75715. Adv. No. 95-8042
  10. In Re Henderson (2008)

    Based upon the Findings of Fact and Conclusions of Law made in the attached Order of the Court, First Citizens Bank's motion for relief from the automatic stay is granted pursuant to 11 U.S.C. § 362(d)(1) and (2). First Citizens is granted in rem relief and the filing of any bankruptcy petition in any jurisdiction within the six month period following the entry of the Order shall not operate to stay First Citizens' efforts to collect its debt and foreclose on the Property.


    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 08-01814-JW
  11. In Re Dig It, Inc. (1991)

    Plaintiff seeks a declaratory judgment that the Trustee may not rely upon the doctrine of marshaling to force the Plaintiff to forgo its security interest and lien in the Debtor's receivables. By its cross-claim against the Trustee, Defendant SCN seeks the same declaration as Plaintiff. By his counterclaim, the Trustee seeks to invoke marshaling to require the Plaintiff to satisfy its claim against the estate from its mortgage lien on debtor's real property. Plaintiff and Defendant Trustee have [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 90-02470, Adv. No. 90-8287
  12. In Re Waller (2008)

    THIS MATTER is before the Court on two Reaffirmation Agreements between Steven Alan Waller, Monique Tonia Waller ("Debtors"), and South Carolina State Housing Finance and Development Authority ("Creditor"), which were filed by Creditor on August 21, 2008. The Court has jurisdiction over this matter under 28 U.S.C. §§ 157(b) and 1334(a) and (b). Pursuant to Fed.R.Civ.P. 52 made applicable to this proceeding by Fed. R. Bankr.P. 7052, the Court makes the following Findings of Fact and [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 08-02977-DD
  13. In Re Trapp (2001)

    THIS MATTER comes before the Court upon the Motion to Modify Stay and Objection to Plan of Reorganization (the "Motion") filed by the Bank of New York ("BNY") on December 15, 2000. BNY asserts that it is entitled to relief from the automatic stay pursuant to 11 U.S.C. §§ 362(d)(1) and (2)[1] and moves for an order entitling it to permit actions in State Court for the foreclosure and eviction proceedings as to the subject property. Furthermore, BNY objects to any treatment in the Joanne F. [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: 00-09987-W
  14. In Re Owens (1984)

    This adversary proceeding was heard on cross motions for summary judgment filed by the plaintiffs, Landvest Associates and Landvest II, and the defendant, Marion Bryant Owens, pursuant to Bankruptcy Rule 7056. Rule 7056 provides that F.R. Civ.P. 56, applies in adversary proceedings. Rule 56 authorizes summary judgment when ". . . the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 83-00449, Complaint No. 83-1059
  15. In Re Derivium Capital, LLC (2006)

    Steven A. Soulios, Ruta & Soulios LLP, New York, NY, Joseph W. Grier, III, Grier Furr & Crisp PA, Charlotte, NC, Forrest Truett Nettles, II, J. Ronald Jones, Jr., Charleston, SC, for Defendants.


    Court: Bankruptcy Court for the District of South Carolina Docket: Bankruptcy No. 05-15042-JW, Adversary No. 06-80163-JW
  16. In Re Watts (2000)

    THIS MATTER comes before the Court upon the Motion to Terminate Automatic Stay (the "Motion") filed with the Court on August 31, 2000 by the United States of America, by and through the United States Attorney for the District of South Carolina, and on behalf of the Rural Development (the "Creditor"). The Creditor filed the Motion requesting that the automatic stay be modified pursuant to 11 U.S.C. § 362(d)[1] on the grounds that the subject property was not property of the estate pursuant to [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: 00-06791-W
  17. In Re Rogers (2007)

    THIS MATTER is before the Court on Stipulation for Assumption of the Lease Agreement between Debtor and Cab East, LLC ("Cab East" or "Lessor") regarding a lease agreement for a 2004 Ford F-150 pickup truck. Counsel for the Cab East and the debtor's attorney stipulated to the entry of an order approving the assumption of the lease agreement by the debtor under the terms of a Lease Assumption Agreement which was attached to the stipulation. The stipulation also provides "[t]he Debtor agrees to [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: 06-03475-D
  18. In Re Calhoun (2008)

    THIS MATTER is before the Court on the United States Trustee's ("UST") Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1) Based on the Totality of the Circumstances Under 11 U.S.C. § 707(b)(3)[1] ("Motion"). An evidentiary hearing was held on the Motion. John G. Calhoun, Glenda R. Calhoun ("Debtors"), and the UST appeared at the hearing by and through counsel. This Court has jurisdiction pursuant to 28 U.S.C. § 1334, and this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 08-01151-DD
  19. In Re Gartman (2007)

    This matter comes before the Court on Motion for Turnover (the "Motion"), filed by Michelle L. Vieira, Chapter 7 Trustee (the "Trustee"), seeking the turnover of portions of Debtor's tax refund for tax year 2006 pursuant to 11 U.S.C. § 542.[1] Debtor filed an objection to the Trustee's Motion. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157(b)(2)(E). Pursuant to Fed.R.Civ.P. 52, made applicable to this proceeding by Fed. R. Bankr.P. 7052, the Court makes the following [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: C/A No. 06-05307-JW
  20. In Re Capers (2006)

    This matter comes before the Court on Complaint of W. Clarkson McDow, Jr. ("Trustee"), seeking to deny Mary Capers ("Debtor") a discharge in her current bankruptcy case pursuant to 11 U.S.C. § 1328(f)(1). Trustee has the authority to bring this action pursuant to his statutory authority as set forth at 28 U.S.C. § 586. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(J). This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. Venue of this proceeding [...]

    Court: Bankruptcy Court for the District of South Carolina Docket: C/A 06-00446-JW, C/A 06-800424W

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