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Citation: 380 B.R. 429 | Docket No.: 19-01258
Status: Published | Citing: 42
Summary: 380 B.R. 429 (2006) In re DERIVIUM CAPITAL, LLC, Debtor. Kevin Campbell, Trustee, Plaintiff, v. Charles Cathcart, Scott Cathcart, Yuri Debevc, Veristeel, Inc., Veridia Solutions LLC, Derivium Capital (USA), Inc., Defendants. Plaintiff, Kevin Campbell, Chapter 7 Trustee of the Estate of Derivium Capital, LLC (the "Trustee"), filed an objection to the Motion (the "Objection"). Derivium Capital, LLC ("Debtor") filed the above-captioned bankruptcy case as a case under Chapter 11 of the Bankruptcy Co......read more.


Citation: 373 B.R. 441 | Docket No.: 19-00298
Status: Published | Citing: 10
Summary: 373 B.R. 441 (2007) In re Patrick Andre GRISARD-VAN ROEY, Debtors. Patrick Andre Grisard-Van Roey, Plaintiffs, v. Auto Credit Center, Inc., Defendants. ORDER This matter comes before the Court on the complaint filed by Patrick Andre Grisard-Van Roey ("Debtor") seeking compensatory and punitive damages for Auto Credit Center, Inc.'s ("Auto Credit") alleged violation of automatic stay. On May 15, 2007, Auto Credit and Debtor filed a Joint Pre Trial Order, jointly admitting the Findings of Fact 1-1......read more.


Citation: 194 B.R. 396 | Docket No.: 19-00351
Status: Published | Citing: 4
Summary: 194 B.R. 396 (1996) In re TJN, INC., Debtor. This matter comes before the Court upon a motion to be employed by the Debtor on a nunc pro tunc basis (the "Motion") filed by the law firm of Robinson, Barton, McCarthy & Calloway, P.A., (the "Law Firm") on January 24, 1996. Third, Ms. Barton testified that the Law Firm, on behalf of the Debtor, persuaded Tom New to agree to first apply his personal assets to any claim asserted against the Debtor by the United States Government before seeking to have......read more.


Citation: 118 B.R. 417 | Docket No.: 19-01272
Status: Published | Citing: 13
Summary: 118 B.R. 417 (1990) In re James A. HOOD, f/d/b/a Carolina Mattress Company, d/b/a Bed Quarters, Debtor. James A. HOOD, f/d/b/a Carolina Mattress Company, d/b/a Bed Quarters, Plaintiff, v. BROWNYARD-SHARON PARK CENTER, INC., d/b/a Brownyard Investments Company, Defendant. This matter came before the court for trial on April 26, 1990, on the Plaintiff's Complaint to avoid a preference, and the defendant's answer which raised the "earmarking" doctrine, contending that the transfer was not from the ......read more.


Citation: 3 B.R. 144 | Docket No.: 19-00396
Status: Published | Citing: 2
Summary: 3 B.R. 144 (1980) In re John Redden COLLINS, Bankrupt. VAN LOTT, INC., Plaintiff, v. Philip WITTENBERG, as Trustee of John Redden Collins, Defendant. Claiming current possession of and liens on a wheel loader[1] and a loader rake[2] by virtue of a purchase money security agreement securing a promissory note, in default, on which there is due $16,603.27, and claiming a repairman's lien in the amount of $2,701.37 for unpaid repairs to said equipment, the plaintiff, Van Lott, Inc., which had sold t......read more.


Citation: 364 B.R. 592 | Docket No.: 19-01263
Status: Published | Citing: 57
Summary: 364 B.R. 592 (2007) In re T 2 GREEN, LLC, d/b/a Kings Grant Golf Course, Debtor. King's Grant Golf Acquisition, LLC as successor to T 2 Green, LLC, Plaintiff, v. J.L. Abercrombie, et al., Defendants. *593 *594 *595 *596 Julio E. Mendoza, Jr., Suzanne Taylor Graham Grigg, Nexsen Pruet Adams Kleemeier, LLC, Columbia, SC, for Debtor and Plaintiff. An Objection and Response (the "Objection") to the Motion was filed, by the King's Grant Homeowners Association, Inc. (the "HOA") and the property owners......read more.


Citation: 428 B.R. 678 | Docket No.: 19-00477
Status: Published | Citing: 11
Summary: 428 B.R. 678 (2010) In re RESERVE GOLF CLUB OF PAWLEYS ISLAND, LLC, Debtor. ORDER This matter comes before the Court upon the Motion for Order Authorizing: (1) the Sale of Assets of the Debtor Free and Clear of Certain Liens, Claims, Encumbrances, and Other Interests Pursuant to 11 U.S.C. § 363; and (2) Authorizing the Assumption and Assignment of Certain Executory Contracts Pursuant to 11 U.S.C. § 365 and Addendum/Amendment thereto (collectively, the "Motion") filed by Reserve Golf Club of Pawl......read more.


Citation: 421 B.R. 745 | Docket No.: 17-00707
Status: Published | Citing: 26
Summary: 421 B.R. 745 (2010) In re Robert M. SIMS, Jr. and Robin B. Sims Debtors. January 8, 2010. *746 Robert Frank Anderson, Columbia, SC, for Debtor. THIS MATTER is before the court on the debtors' claim of exemption in life insurance policies pursuant to S.C.Code Ann. Robert M. Sims, Jr. and Robin B. Sims are husband and wife. Robert M. Sims, Jr. is the owner and named insured of a Merrill Lynch Life Insurance Company $250,000 Flexible Premium Variable Universal Life Insurance Policy, policy CM* * * ......read more.


Citation: 405 B.R. 570 | Docket No.: 09-02436-dd
Status: Published | Citing: 9
Summary: 405 B.R. 570 (2009) In re RIVERFRONT PROPERTIES, LLC, Debtor. *572 FINDINGS OF FACT Riverfront Properties, LLC (Riverfront or Debtor) filed a petition for relief under chapter 11 of the Bankruptcy Code on March 31, 2009. New Orleans Riverfront Properties, LLC (New Orleans) operates a restaurant on Riverfront's property. The foreclosure auction of the Riverfront properties was conducted on March 2, 2009; however, because a deficiency judgment was not waived, the sale remained open under state law......read more.


Citation: 119 B.R. 531 | Docket No.: 19-01009
Status: Published | Citing: 13
Summary: 119 B.R. 531 (1989) In re Roy L. HAIGLER and Deborah A. Haigler, Debtors. The application for the Certificate of Title, supplied to the court, reflects the name of the purchaser to be "Ford Motor Credit Company c/o Roy L. Haigler". Thus, the title issued by the Highway Department erroneously appears to expand the debtors' interest in the vehicle by using a slash mark between FMCC and Roy Haigler which implies an ownership interest in the vehicle, instead of c/o, which represents "in care of" and......read more.


Citation: 320 B.R. 324 | Docket No.: 13-05371
Status: Published | Citing: 46
Summary: 320 B.R. 324 (2005) In re DUCANE GAS GRILLS, INC., Debtor. Newman Grill Systems, LLC, Marc Newman, and Amy Newman, Plaintiffs, v. Ducane Gas Grills, Inc., Weber-Stephen Products Co., Ira Zolin, and Ducane Products Co., Defendants. On or about June 13, 2003, Ducane Gas Grills, Inc., n/k/a DGG, Inc. ("Ducane") and NGS entered a Confidential Non-Disclosure Agreement (the "Confidentiality Agreement"). Under the terms of an Addendum to the Marketing Agreement ("Addendum 1"), which Ducane and Plaintif......read more.


Citation: 310 B.R. 290 | Docket No.: 19-00829
Status: Published | Citing: 14
Summary: 310 B.R. 290 (2003) In re Robert C. JOHNSON, Debtor. Robert C. Johnson, Plaintiff, v. Commissioner of Internal Revenue Service, Department of Treasury, United States of America, Chief Judge, United States Tax Court, U.S. Courts, United States of America, and United States of America, Defendants. THIS MATTER comes before the Court upon the named Defendants' Motion to Dismiss filed on July 9, 2003, and Plaintiffs Application for Default filed on July 14, 2003. The named Defendants filed a Motion t......read more.


Citation: 24 B.R. 616 | Docket No.: 19-00559
Status: Published | Citing: 27
Summary: 24 B.R. 616 (1982) In re Robert Wesley FORD, individually, Abbigale Dobson Ford, individually, and d/b/a Ford's Picture & Framing Gallery, Debtors. FACTS On October 26, 1981, Robert Wesley Ford and Abbigale Dobson Ford, individually and doing business as Ford's Picture & Framing Gallery (the debtors), filed for relief under Chapter 13 of the Bankruptcy Code (11 U.S.C. § 1301, et seq.).


Citation: 435 B.R. 312 | Docket No.: 19-01212
Status: Published | Citing: 25
Summary: 435 B.R. 312 (2010) In re, Susan Marie STRAUB, Debtor(s). Susan Marie Straub, Plaintiffs), v. Sallie Mae Educational Credit Management Corporation, Defendant(s). *313 Susan Marie Straub, Little River, SC, pro se. Susan Marie Straub ("Plaintiff"), proceeding pro se, notified Defendant's counsel that she would not participate in discovery or appear at any hearings in this matter. On March 1, 2010, Plaintiff filed the Complaint in this Adversary Proceeding seeking to discharge approximately three P......read more.


Citation: 78 B.R. 777 | Docket No.: 19-00333
Status: Published | Citing: 12
Summary: 78 B.R. 777 (1986) In re Lenton Brunson McGILL d/b/a Lenton B. McGill Farms, Debtor. FLB and PCA, as secured creditors of Lenton Brunson McGill (debtor), posit that these claims should be afforded an administrative priority because the protection of their interests provided by the debtor has proven inadequate. On May 17, 1984, this court issued an order, consented to by the debtor, FLB and PCA which stated: Adequate protection of these creditors' interests, if any, in said crops is provided by t......read more.


Citation: 429 B.R. 856 | Docket No.: 19-01044
Status: Published | Citing: 14
Summary: 429 B.R. 856 (2010) In re, PROTECTED VEHICLES, INC., Debtor(s). Aurora Management Partners, Inc. as Liquidating Supervisor for Protected Vehicles, Inc., Plaintiff(s), v. GC Financial Services, Inc., Richard KC Lee, Steven Gregory, Kent R. Martin, Tommy D.M. Lee, Terrance R. Martin, Defendant(s). An Objection to Defendant's Motion was filed by Aurora Management Partners, Inc. as Liquidating Supervisor for Protected Vehicles, Inc. ("Plaintiff" or "Liquidating Supervisor"). FINDINGS OF FACT This ad......read more.


Citation: 21 B.R. 704 | Docket No.: 19-00450
Status: Published | Citing: 11
Summary: 21 B.R. 704 (1981) In re Henry W. THAMES, Jr. and Janet D. Thames, d/b/a The Flower Shop, Debtors. The plaintiff, as trustee in bankruptcy, asks this court to set aside a transfer of a one-half undivided interest in real property by the debtor H. William Thames, Jr., to his wife, Janet D. Thames (both debtors herein), on the ground that it was a fraudulent transfer under 11 U.S.C. § 548(a)(2) of the Bankruptcy Code because it was made without adequate consideration while Mr. Thames was insolvent......read more.


Citation: 28 B.R. 80 | Docket No.: 19-00451
Status: Published | Citing: 12
Summary: 28 B.R. 80 (1983) In re SOUTH ATLANTIC PACKERS ASSOCIATION, INC., Debtor. ISSUE Are the charges imposed by SCDA against the debtor for grading poultry in interstate commerce excise taxes which have priority status under § 507(a)(6)(E)? The SCDA charges do not possess the essential characteristics of a tax—they are specific charges for specific services, which the debtor was not compelled under South Carolina law to seek or accept from SCDA.


Citation: 253 B.R. 179 | Docket No.: 14-02680
Status: Published | Citing: 27
Summary: 253 B.R. 179 (2000) In re Troy Lee KILGORE and Jeanne Ann Kilgore, Debtors. THIS MATTER comes before the Court upon Troy Lee Kilgore and Jeanne Ann Kilgore's (collectively "Debtors") Motion for Sanctions, Attorney's Fees, Damages, Punitive Damages and Other Relief (the "Motion") filed with the Court on February 9, 2000. In order to provide the parties with specific notice and appropriate due process, the Court entered an Order to Show Cause requesting Fleming and Aames to appear at a hearing to ......read more.


Citation: 383 B.R. 369 | Docket No.: 19-00589
Status: Published | Citing: 5
Summary: 383 B.R. 369 (2008) In re Charles Frederick HOISINGTON and Ellen Jean Hoisington, Debtor(s). Charles Frederick Hoisington and Ellen Jean Hoisington ("Debtors") filed an objection to the Motion and a hearing was held in this matter on January 23, 2008. Section 521(a)(2) states in relevant part, (a) The debtor shall — (2) if an individual debtor's schedule of assets and liabilities includes debts which are secured by property of the estate — (A) within thirty days after the date of the filing of a......read more.