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The reader should be cautious about relying upon any of the following publications. At the time each article was written, the author tried to present the status of the subject matter as it was. However, the law is always evolving and always progressing.

For example, in October 2005, Congress passed a major change in Bankruptcy Law. This change impacts some, but not all, of the discussion of bankruptcy included in articles prior to this time. Similarly, other changes were made both by statute and by judicial interpretation. So, please be careful, and if you have any questions or need additional information, please do not hesitate to contact us.

Defending Your Business’ Rights

  • Defense of the Guarantor

    This article discusses some of the changes in South Carolina law that may be beneficial in the defense of a guarantor in commercial litigation.

  • In Defense of Guarantor

    This article is the back ground article for the November 2010 S.C. Lawyers Magazine that includes additional citations and backdrop.

  • Bankruptcy Litigation Under BAPCPA

    Produced for Lorman Education Services’ Understanding the Bankruptcy Reform Act of 2005 in South Carolina, April 26, 2006. I discussed the impact of BAPCPA on the major areas of bankruptcy litigation.

  • Objections to Discharge Under Section 523

    This article seeks to discuss the state of discharge complaints for individual creditors under the then bankruptcy law. Again, some items have changed since 1999 so the reader should be aware that not everything included in the article.

  • Defenses to Fraudulent Transfers

    Discusses the overall strategies for defending against these types of actions. Included in the 2005 article is the beginning of the discussions of the changes that were to take place under the BAPCPA that are further developed in later articles.

  • Preferential Transfers in South Carolina

    Discusses the overall strategies for defending against these types of actions. Included in the 2005 article is the beginning of the discussions of the changes that were to take place under the BAPCPA that are further developed in later articles.

  • When the Bank Makes a Bad Decision Worse

    It can be hard to recognize when throwing more money at a problem will not fix it. It is even harder to tell a bank “no” when it recommends it.

  • When You Can Blame the Bank For Bad Decisions

    Banks are becoming more and more aggressive in how they go about getting their money back. Sometimes, people, for one reason or another, do what the bank wants. When the Bank does end up making a decision and things go bad, when is the Bank on the hook?

Handling Business Relationships

Right-sizing Your Business