As a result of inquiries from the bar and the adoption of recent amendments to the Local Rules, including Local Rule 3015-8, on December 1, 2021, Judge Waites has revised Operating Order 21-04. The primary changes include an additional form and a chart providing guidance on filing and notice procedures for certain post confirmation motions/applications in Judge Waites’ cases, which the Judge hopes will be helpful to the bar.
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As a reminder, a Zoom meeting regarding Judge Waites’ new procedures under Operating Order 21-04 will be held tomorrow, November 5, 2021 at 1:00 p.m. We have requested approval of 1 hour Bankruptcy Specialization CLE credit for this meeting as well. If you are interested in participating, you can still sign up by sending an email to Sarah_Kistler@scb.uscourts.gov. The link for the Zoom meeting will be provided by email prior to the meeting.
Judge Waites and his law clerk, Sarah Kistler, will conduct a Zoom meeting on Friday, November 5, 2021 at 1:00 p.m. to discuss new procedures addressed in his recently issued Operating Order 21-04. Members of the Bar and their staff are invited to participate. Interested participants should sign up by sending an email to Sarah_Kistler@scb.uscourts.gov. The link for the Zoom meeting will be provided by email later this week.
As promised during the recent Judges’ Presentation for the SC Bankruptcy Law Association, Judge Waites has formalized Chambers Guidelines and procedure changes made applicable in his cases in January, 2021 through the entry of Operating Order 21-04. These changes are intended to further streamline Chapter 13 procedures with a goal of reducing delay and costs for parties. Some of these approaches have been included in the proposed Local Rules presently published for comment. Appropriate adjustments may be made upon finalization of the Local Rules.
A Zoom meeting with Judge Waites’ law clerks will be provided in the coming weeks to assist the Bar in implementing these procedures.
As promised during the South Carolina Bankruptcy Law Association 2021 Virtual Seminar judges' presentation, I have added practice pointers and a few preferred form orders to my chamber's guidelines page. The materials were designed to help lawyers anticipate issues that might prompt questions from chambers, take valuable attorney time for clarification, and/or cause delay in obtaining orders your clients may need. The orders are currently in use in my chambers and, while procedures may change with coming local rules amendments or considering several recently announced decisions by the judges, most will continue to be useful in the context of relief from stay motions and when creditors, insurers, buyers, and other parties in interest want judicial approval or comfort orders in chapter 13 cases. Many relief from stay orders easily generate from CMECF events but the forms available through the chambers guideline page can be adapted for use when it is necessary to manually generate the proposed order. The exhibits are in Word format. Please replace any existing proposed order forms you may regularly use with these that I have made available.The material and forms are applicable only to bankruptcy cases assigned to me.
Miranda B. Nelson has joined Judge Duncan's chambers as a law clerk. Miranda is a 2020 graduate of the University of South Carolina School of Law and comes to chambers after a one-year clerkship with Senior United States District Judge Joseph F. Anderson, Jr.
Lucas Fautua's last day in Judge Duncan's chambers is today, August 13, 2021. He will be joining Riley Pope & Laney. Lucas came to chambers from a small Virginia consumer debtor practice in April 2020. Arriving in the early days of the Covid pandemic, Lucas provided a steady hand, continuity, and a good work ethic. His contribution to the Court and chambers is much appreciated.
Dawn Hardesty, Judge Duncan’s career law clerk, will leave the Court today, August 6, 2021, to begin service as a staff attorney to chapter 13 trustee Pamela Simmons-Beasley. Dawn served as a term clerk 2010-2012, then engaged in private practice, and returned as a career clerk in 2016. She has managed and organized chambers, provided outstanding research and writing, dealt professionally and courteously with the bar, worked with others across the court, district, circuit, and Administrative Office during much of my term as Chief Judge, and been a wonderful counsellor, sounding board, friend, and advisor. I wish her much success and enjoyment in the next phase of her professional life and am pleased that Dawn will remain a part of the bankruptcy bar.
C. Elizabeth (Lizzie) Weston has joined Judge Duncan's chambers as a law clerk. Lizzie is a 2017 graduate of the University of South Carolina School of Law and comes to chambers from Haynsworth, Sinker, Boyd.
Judge Waites is pleased to welcome back to chambers Brian Calub as a law clerk in Columbia. Brian previously clerked for both Judge Waites and Judge Bishop in 2003-2006 and went on to a successful practice with Nelson Mullins in Columbia (7 years), The Hunoval Law Firm in Charlotte (2 years) and most recently with McGuire Woods in Charlotte (6 years).