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Chambers' Bulletins
10/2004

CONSUMER BANKRUPTCY WORKSHOP - PARALEGAL SEMINAR
Fri, 10/15/2004 - 5:00 am

A Consumer Bankruptcy Workshop for Paralegals will be held on November 12, 2004 from 9:30 a.m. until 4:00 p.m. at the United States Bankruptcy Court building in Columbia. Sessions will include presentations on CM/ECF, Chapter 7 and 13 issues, and working with Chambers.


Registration is being handled by the South Carolina Bankruptcy Law Association. All paralegals and legal assistants or staff are welcome, whether or not they or their attorneys are members of Bankla, but all must register.


Please see attached announcement and registration form.

NEW CM/ECF GUIDELINES
Wed, 10/13/2004 - 5:00 am

Guidelines which govern the filing of documents with this Court, including the CM/ECF system, have been revised and are in the final stages of review. These guidelines proposed a number of changes which should be of assistance to the bar. Included in such changes are the elimination of the requirement to file the original Declaration of Electronic Filing and Certification of Consent, establishment of a procedure for filings in the event CM/ECF is not available, and procedures for waiver of duplicate service by mail and by electronic means and other matters.


Thanks to those attorneys including the Chapter 13 and 7 Trustees and United States Trustees who have provided comments and suggestions in these efforts.

Enactment of the new Guidelines will be announced on the Court’s web page.
MEDIATION PROGRAM
Thu, 10/07/2004 - 5:00 am

Since August 1, 2004, Judge Waites has appointed mediators in seven (7) adversary proceedings and two (2) complex contested matters which were ready for trial. While the mediation conferences in the most recent appointments have just been scheduled, previous appointments have lead to settlements in all of the cases to date. Interestingly, several matters have settled immediately prior to the mediation conferences.

Judge Waites believes the program is successful so far, and appreciates the efforts of parties and those counsel serving as mediators in those matters.
MOTIONS TO SUBSTITUTE COLLATERAL
Tue, 10/05/2004 - 5:00 am

Problems have arisen in several Chapter 13 cases in regards to Orders allowing the Substitution of Collateral (actually authorization to use insurance proceeds from a wrecked vehicle to purchase a different vehicle). In those cases neither the debtor, debtor’s attorney nor the seller of the new vehicle followed through with the notation of lien of previous lien holder on the new title or delivered the title to that creditor.


For that reason, Judge Waites requires use of a form order which more clearly requires the debtor’s attorney to ensure the proper notation of lien, delivery of title and transfer of insurance proceeds.


Judge Waites does not require the form be used when counsel for both the debtor and prior lien holder settle an objection to substitution of collateral, however, he recommends it.

The form is attached hereto.
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