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Summary: 118 B.R. 412 (1990) In re CAROLINA UTILITIES SUPPLY COMPANY, INC., Debtor. Instead, the Bank (1) receives the invoice, (2) charges the debtor a "factoring fee" of .75% of the amount of the invoice, (3) deducts 20% of the amount of the invoice and applies it to a "reserve" account of the debtor, and (4) "advances" the remaining 80% of the invoice to the debtor, and charges the debtor interest at the prime rate plus 2% on the funds so loaned. If payment is not received by the Bank on the invoice a......read more.


Summary: 207 B.R. 502 (1996) In re TJN, INC., Debtor. TJN, INC., Plaintiff, v. SUPERIOR CONTAINER CORPORATION; Cal Western, Inc.; California State Bank; John T. Thompson; Jimmy R. Phelps; Thompson Leasing Co., LLC; and Phelps Leasing, LLC, Defendants. Based upon the Findings of Fact and Conclusions of Law as recited in the attached Order of the Court, the Motion to Dismiss filed by California State Bank on November 4, 1996 and the Motion to Dismiss filed by John T. Thompson, Jimmy R. Phelps, Thompson Lea......read more.


Summary: 295 B.R. 812 (2002) In re Susan KINGSMORE, Debtor. THIS MATTER comes before the Court for further hearing to consider whether Susan Kingsmore ("Debtor") possessed an equitable right of redemption associated with her two installment land contracts with Joann D. Dehardt ("Creditor") when she filed her bankruptcy Petition. On August 9, 2002, the Court entered an Order that determined that South Carolina law provides purchasers under installment land contracts, in appropriate circumstances, an equit......read more.


Summary: 383 B.R. 386 (2008) In re Johnnie W. McFADDEN, Debtor(s). The debtor, Johnnie W. McFadden ("Debtor"), filed an objection to the Petition. On January 9, 2008, the Trustee filed his Petition to dismiss Debtor's current case with prejudice. The Trustee asserts that Debtor's case should be dismissed with prejudice because (1) Debtor has had a previous chapter 13 case dismissed within the preceding one year, (2) Debtor is unable to show a change in circumstances that would justify a refiling under Ch......read more.


Summary: 378 B.R. 774 (2007) In re Rhonda Karen BARNES, Debtor. Rhonda Karen Barnes ("Debtor") filed a petition for relief under chapter 13 of the Bankruptcy Code on June 19, 2007. Trustee contends that Debtor incorrectly calculated her income and expenses on her Statement of Current Monthly Income by failing to include as income a bonus of $6,000.00 received by Debtor's non-filing spouse within the six month period prior to the petition date and because Debtor's telecommunication expenses should be adju......read more.




Summary: 360 B.R. 477 (2006) In re Gary Fred HENDERSON and Dana Lucinda Henderson, Debtors. This matter comes before the Court on a continued hearing on a Rule to Show *480 Cause issued by the Court in each of the above captioned cases based upon a Motion to Disgorge Attorney's Fees filed pro se by Gary Fred Henderson and Dana Lucinda Henderson (the "Hendersons") and a Motion to Disgorge Attorney's Fees filed pro se by James Dwight Henson and Kathryn Gregg Henson (the "Hensons") (collectively referred to......read more.


Summary: 28 B.R. 66 (1982) In re KASH & KARRY WHOLESALE, INC., Debtor. KASH & KARRY WHOLESALE, INC., Plaintiff, v. The debtor, Kash & Karry Wholesale, Inc. (hereinafter "debtor"), filed a petition for relief on February 24, 1982, commencing a voluntary Chapter 11 Case (11 U.S.C. § 1101 et seq.) in this court. Adversary Proceeding No. 82-0543— Kash & Karry Wholesale, Inc., Plaintiff vs. The Citizens and Southern National Bank of South Carolina (hereinafter, the bank), Defendant. Elmer Selmon (President of......read more.


Summary: 20 B.R. 24 (1982) In re James William SUMMER, Debtor. Ellen H. Summer DAVIS, Plaintiff, v. James William SUMMER, Defendant. In this adversary proceeding Ellen H. Summer Davis (the plaintiff) challenges the dischargeability of a $10,000 indebtedness to her listed by her former husband, James William Summer, (the debtor) in the schedules of his Chapter 7 bankruptcy case (11 U.S.C. § 701 et seq.) filed on December 16, 1981.


Summary: 447 B.R. 466 (2011) In re James Douglas LOPER, Debtor. This matter is before the Court on James Douglas Loper's ("Debtor") Motion to Reconsider Dismissal of Case ("Motion") filed March 17, 2011. On February 2, 2011, the chapter 13 trustee filed a petition to dismiss Debtor's case for non-payment, and the Court entered an order dismissing Debtor's case on March 11, 2011. She claimed that Debtor abused the bankruptcy system and that Debtor's bankruptcies were filed in attempts to avoid being held ......read more.


Summary: 320 B.R. 94 (2004) In re Stanley Carl SCRUGGS, a/k/a Stanley C. Scruggs, Sanely Michael, Scruggs Mobile Homes, and Scruggs Enterprises, Inc. and Vicki Darlene Scruggs, a/k/a/ Vicki Long, v. D. Scruggs, Scruggs Mobile Homes, Debtors. THIS MATTER comes before the Court upon a Rule to Show Cause and Notice ("Rule") issued to Stanley and Vicki Scruggs ("Debtors") and Blaine Edwards ("Counsel") to appear and show cause whether Debtors are eligible for relief in this case due to simultaneous cases pen......read more.


Summary: 220 B.R. 262 (1998) In re Jimmy H. WIGGINS, Debtor. W. Ryan HOVIS, Trustee, Plaintiff, v. Jimmy H. WIGGINS and First Union Bank, Defendants. Reid B. Smith, Columbia, SC, for Jimmy H. Wiggins. Although not initially asserted by the Defendant Wiggins, the Court questioned whether the Trustee's failure to object to the Debtor's exemption in the IRA within thirty (30) days following the § 341 first meeting of creditors pursuant to Rule 4003 of the Federal Rules of Bankruptcy Procedure affected the r......read more.


Summary: 458 B.R. 295 (2011) In re Sharon Sheppard LLOYD, Debtor. This matter is before the Court on a Motion to Avoid Judicial Lien ("Avoidance Motion") filed by Sharon Sheppard Lloyd ("Debtor") on July 5, 2011 and a Motion to Dismiss ("Dismissal Motion") filed by ServiceMaster of Charleston ("ServiceMaster") on August 15, 2011. ServiceMaster filed a Response to Debtor's Avoidance Motion on August 3, 2011, and Debtor replied on August 11, 2011. The checks were to reimburse Debtor for her losses and incl......read more.


Summary: 354 B.R. 758 (2006) In re David Pricer SPENCER and Patricia Kiggins Spencer, Debtors. *759 *760 David Pricer Spencer, Hilton Head Island, SC, pro se. Patricia Kiggins Spencer, Hilton Head Island, SC, pro se. THIS MATTER is before the Court on David Pricer Spencer's and Patricia Kiggins Spencer's ("Debtors") Objection to Proof of Claim ("Objection") filed by Countrywide Home Loans, Inc ("Countrywide"). Debtors contend that (a) Mr. Spencer did not recognize the "HOME EQUITY CREDITLINE AGREEMENT AN......read more.


Summary: 431 B.R. 657 (2010) In re, DAUFUSKIE ISLAND PROPERTIES, LLC, Debtor. The Melrose Club, Inc., Plaintiff, v. Robert C. Onorato, in his capacity as Chapter 11 Trustee for the Estate of Daufuskie Island Properties, LLC; Stewart Kittredge Collins and/or Susan Charles Collins, Trustees of the Collins Family Trust Dated May 26, 1989; William R. Dixon, Jr. and Gayle Bulls Dixon; AFG, LLC; Carolina Shores, LLC; Beach First National Bancshares, Inc. d/b/a Beach First National Bank; Beach Cottages II, LLC;......read more.




Summary: 369 B.R. 251 (2007) In re, John S. DUCATE, Debtor. THIS MATTER is before the Court on Ryan W. Hovis' ("Trustee" or "Plaintiff") adversary complaint against Anne L. Ducate ("Defendant") filed April 20, 2006 seeking avoidance of allegedly fraudulent transfers pursuant to 11 U.S.C. § 548,[1] and § 544 asserting South Carolina's Statute of Elizabeth, codified as SC Code Ann § 27-23-10. Trial was held in this adversary March 1, 2007 and March 2, 2007. § 27-23-10 the Plaintiff seeks avoidance of the t......read more.


Summary: 447 B.R. 752 (2011) In re CONNECTOR 2000 ASSOCIATION, INC., Debtor. This matter is before the Court for confirmation of Connector 2000 Association, Inc.'s ("Debtor") chapter 9 plan ("Plan"). Thomas Stoeckmann filed an Objection to Confirmation of Debtor's Plan on March 11, 2011. In 1996, Debtor entered into a license agreement (the "License Agreement") with the South Carolina Department of Transportation ("SCDOT") to finance, acquire, construct, and operate an approximately 16 mile toll highway ......read more.


Summary: 435 B.R. 318 (2010) In re Joseph Edward BRITTAIN and Patricia Kay Brittain, Debtors. THIS MATTER comes before the Court on the Motion of Tennessee Commerce Bank ("TCB") for Relief From the Automatic Stay (the "Motion") on the basis that certain personal property scheduled by the Debtors does not constitute "property of the estate," as defined under 11 U.S.C. § 541,[1] or in the alternative, for cause, pursuant to § 362(d)(1). Joseph Edward Brittain and Patricia Kay Brittain (collectively, "Debto......read more.


Summary: 395 B.R. 893 (2008) In re Maude H. HENDERSON and Daniel S. Henderson, IV Irrevocable Trust fbo William M. Worthy, III, et al., Debtors. Maude H. Henderson and Daniel S. Henderson, IV Irrevocable Trust ("Debtor") filed a petition for relief under chapter 11 of the Bankruptcy Code on March 28, 2008.[2] The petition is signed by William Madison Worthy, II ("Worthy") for Debtor. Worthy is a trustee for Debtor, which is a trust formed for the benefit of Worthy's five children. Worthy obtained funds b......read more.