Legal Opinion

Vieira v. Whitfield (In re Shiver)

United States Bankruptcy Court, D. South Carolina

Decided February 27, 2019No. C/A No. 17-05318-DD; Adv. Pro. No. 18-80023-DDPublished

1Opinion of the Court

David R. Duncan, Chief US Bankruptcy Judge

This matter is before the Court on motions for summary judgment filed by the plaintiff, Michelle L. Vieira, and the defendant, Anthony Whitfield. Both motions were filed on December 18, 2018. Both parties filed objections to the opposing party's motion on January 2, 2019. A hearing was held on the motions on February 5, 2019. For the reasons set forth below, the Court now grants the plaintiff's motion and denies the defendant's motion.

UNDISPUTED FACTS

1. At the time of his chapter 7 bankruptcy filing, Michael T. Shiver, the debtor, was the owner of…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Union Bank v. WolasSupreme Court of the United States · 1991
  5. Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901

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