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Chambers' Bulletins

Thu, 5/27/2004 - 5:00 am

In light of the United States Supreme Court’s recent decision in Till v. SCS Credit Corp., 124 S. Ct. 1951, the committee appointed by this Court to review interest rates to be applied to secured claims in Chapter 13 cases has recommended that the interest rate currently set forth in Amended Operating Order - Interest Rate in Chapter 13 Cases (8%) remains in effect until further review and a formal meeting of such committee can be held to coincide with the South Carolina Bankruptcy Law Association meeting in September 2004. The purpose of the further review and meeting will be to make recommendations for future interest rate application based upon the holding by the Supreme Court. The Court encourages the bar to be mindful of the upcoming review of this matter and notes that the Court may defer matters directly addressing the Supreme Court’s decision pending recommendations by the committee.

Fri, 5/21/2004 - 5:00 am

I enjoyed meeting with several consumer creditor attorneys over lunch on May 18, 2004 to discuss court procedures and other matters of interest. This was a follow-up to a similar meeting held with several consumer debtor attorneys in September of 2003.

Such efforts to visit "outside of the courthouse" and share ideas and concerns is always enjoyable and I believe beneficial. Thanks to all who attended.

Wed, 5/12/2004 - 5:00 am

An Operating Order which sets deadlines for parties to respond to a demand for jury trial in a bankruptcy proceeding and to indicate if each party does or does not consent for the jury trial to be conducted in the bankruptcy court has recently been signed and will soon be posted on the Web page.

Counsel in adversary proceedings should also observe Bankruptcy Rule 7008 which requires a statement in a pleading if the proceeding is core or non-core and if the pleader does or does not consent to entry of a final order and judgment by the bankruptcy judge.

Also, an Operating Order providing for dismissal of a Chapter 13 case upon failure to provide to the Chapter 13 Trustee information or documents necessary for case administration has recently been signed and will soon be posted on the Web page.

If you have any problems or concerns in this area, please contact me or a member of the User’s Committee.

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