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South Carolina state senator Josh Kimbrell is entering the heart of the 2026 gubernatorial race with more than just political headwinds — he’s carrying a mounting stack of legal baggage.
Already reeling from a bombshell civil suit which alleged a multi-million-dollar fraud scheme – followed by a court order stripping him of control over one of his companies – Kimbrell is now facing a second lawsuit, this one in Spartanburg County.
The latest civil filing against the embattled politician accused him and a former business partner of defaulting on a $250,000 high-interest balloon loan tied to an aviation venture — a straightforward debt dispute that nonetheless compounds the questions swirling around his financial management, business ethics and political viability.
The new filing (.pdf), submitted on August 6, 2025, comes at a critical moment for the second-term “Republican” lawmaker. Kimbrell’s gubernatorial campaign is polling in the low single digits, lagging far behind better-funded rivals, and his campaign finance reports show he’s raised less than $6,500 to date. On the trail, he’s been pitching himself as a pro-business conservative committed to fiscal responsibility — a message increasingly at odds with the picture emerging from his courtroom battles.
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RELATED | S.C. SENATOR IMPLICATED IN BOMBSHELL CIVIL LAWSUIT
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CIVIL LOAN DISPUTE EMERGES
Court records from the Spartanburg County lawsuit revealed that Exodus Aircraft LLC – the Delaware-based company Kimbrell co-owned and managed – took out a $250,000 loan from COMTEX, Inc. on October 26, 2022. That loan was secured one day after Kimbrell’s business partner, Frank George Rogers, purchased his 50 percent stake in the company. It was extended in October 2023 but, according to the complaint, ultimately went into default.
The lender filed its lawsuit on August 6, 2025 — roughly one month after Rogers filed his fraud and diversion claims against Kimbrell in neighboring Greenville County. Notably, the loan default action also came about two months after Pinnacle Bank loan officer Thomas Blake Whitaker — a central figure in Rogers’ complaint — left the bank, potentially disrupting the alleged diversion scheme.
The close timing of these events suggested the loan default may have been an early warning sign — or a direct consequence — of the alleged financial misconduct Rogers is now pursuing in his court case.
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According to court filings, the original loan was structured as an interest-only balloon note — requiring a $1,354 monthly interest payments for six months, followed by the full principal payment at maturity. The deal carried an annual interest rate of 6.5% and included a confession-of-judgment clause enabling the lender to obtain a judgment without a trial in the event of default.
The October 2023 extension rolled the debt into another twelve-month term under the same payment structure.
Payment ledgers in the court record show a mixed pattern of partial, late, and irregular payments over multiple renewals — culminating in an outstanding balance that, according to COMTEX, remains unpaid.
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RELATED | COURT ORDER PUTS S.C. SENATOR ON DEFENSIVE
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CONNECTED LEGAL TROUBLES
The lawsuit previously filed by Rogers in Greenville County goes far beyond a simple business dispute. Rogers accused Kimbrell — and by extension, his co-owned entities — of orchestrating a $2 million diversion scheme, allegedly siphoning funds from Exodus Aircraft for personal use and to the coffers of a purported shell operation, Exodus Airways LLC. Ostensibly meant to mimic the Delaware-based company, this South Carolina-based incorporation was controlled by Kimbrell and his wife, Liliya Kimbrell.
According to the filing, the diversion was purportedly orchestrated through deceptive invoicing, rerouted payments using PayPal, and even manipulated bank routing — all to cover personal and political expenses, according to Rogers’ complaint. Whitaker was a central figure in facilitating these alleged transfers, the complaint further claimed.
In the aftermath of the first lawsuit being filed, S.C. circuit court judge G.D. Morgan Jr. issued a preliminary injunction against Kimbrell. Morgan’s order required him to relinquish ownership and managerial control of Exodus Aircraft, turn over all company records and corporate credit cards, and cease using the “Exodus” name in connection with any business or political activity — all while a broader criminal investigation reportedly looms.
In a statement responding to the first complaint against him, Kimbrell framed the lawsuit as politically motivated “lawfare” aimed at derailing his campaign. He dismissed the allegations as “bogus accusations” and outright defamation, asserting he would “not back down” amid what he called an orchestrated attempt to silence him.
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RELATED | KIMBRELL PUSHES BACK AGAINST BOMBSHELL LAWSUIT
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POLITICAL FALLOUT
Senator Kimbrell’s 2026 gubernatorial campaign has already underwhelmed – in fundraising, polling and grassroots enthusiasm – signaling bleak prospects for his candidacy.
As our founding editor Will Folks has previously pointed out, Kimbrell has consistently sought to paint the lawsuit against him as evidence of the “Columbia swamp” coming after him. However, as Folks has frequently noted, Kimbrell is very much a part of that swamp. While he positions himself as a conservative, Kimbrell’s recent left-of-center votes – and his subservience to the Palmetto State’s toxic trial lawyer lobby – have exposed a mile-wide status quo streak.
Opponents in the GOP race are likely to seize on these lawsuits as evidence of hypocrisy and poor judgment, particularly given Kimbrell’s emphasis on fiscal responsibility. In a crowded Republican primary field, these dual legal battles could erode voter confidence – especially among voters already wary of political scandal or perceived financial mismanagement.
According to Kimbrell, although he is named as a plaintiff in the latest lawsuit he insists he is not its target.
“The plaintiff in the new suit actually was standing with me at the press conference when I announced that the accusations by Frank Rogers are bogus,” Kimbrell said in a statement provided to FITSNews. “He’s a friend. It is really against the company of which I am no longer a member.”
While we await further developments in this case, a motions hearing in the Greenville County case has been scheduled for September 17, 2025 in front of S.C. circuit court judge William C. McMaster III. Count on FITSNews to keep our audience abreast of the latest developments in both of the civil cases involving Kimbrell.
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THE COMPLAINT…
(S.C. Seventh Circuit)
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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2 comments
Looks like Andre will soon have some company on the political sidelines.
Kimbrell is a crook.
And a hypocrite.
The sooner he is out of the Governor’s race, the better.
Spare us, your friends and family; drop out now.