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Chambers' Bulletins

Thu, 8/31/2006 - 5:00 am

The judges of the court are pleased to announce the appointment by unanimous vote of Tammi Hellwig as Clerk of the Court effective September 4, 2006.

Ms. Hellwig is a graduate of Wake Forest University and Emory Law School. She brings to the court not only her experience in the private practice of bankruptcy law with the Womble Carlye Law Firm, but also her prior experience gained during her employment with three other bankruptcy courts across the country. (See Recommendations of Judges of Other Courts) Ms. Hellwig has served this court as Chief Deputy Clerk since October of 2005, and has worked tirelessly, with dedication and professionalism to provide public service and service to the bar.

Judge Waites, Judge Burris and Judge Duncan wish to thank the Court Advisory Committee for its assistance with the clerk selection process. The court received a considerable number of applications from a diverse group of qualified candidates. Eight applicants were selected for interview and thereafter the committee, which consists of seven bankruptcy practitioners representing diversity in practice and geography, served as the screening panel for those applicants. Ms. Hellwig was rated as the number 1 choice by a majority of the 7 members of that committee, and
ranked the highest of any other applicant overall.  She also received the unanimous endorsement of the Courts Employees Advisory Committee which is comprised of 7 nonmanagement court employees.

We hope you will join us in welcoming Tammi Hellwig to her new position.

Thu, 8/17/2006 - 5:00 am

The judges would like to alert the bar to the following procedures that the Court is implementing in Reform Act cases.

1. Financial Management Certificate- Before a discharge can be granted, debtors must file a certification (Official Form 23; pending amendment effective October 1, 2006) indicating that the appropriate financial management course has been completed post-petition. If no certification is filed, the Court may close the case without issuing a discharge. Thereafter, to obtain the issuance of a discharge, a motion to reopen must be filed and the appropriate fee for the motion must be paid. The certification of completion of the financial management course must be presented or filed with the motion to reopen. A hearing on the motion to reopen, which requires the attendance of debtor(s) and debtors’ counsel, may also be scheduled.

2. Rule to Show Cause- The court will no longer issue Rules to Show Cause when it appears that a debtor is not eligible for a discharge pursuant to 11 U.S.C. §§ 727(a)(8), 727(a)(9), or 1328(f). The Court will receive and process orders submitted by counsel, rely on the trustee or the United States Trustee to take action, or otherwise flag the docket to ensure that a discharge is not issued in such cases, absent further order of the Court.

3. Confirmation of Termination of the Stay- In order for the Court to continue considering motions for an order confirming termination of the automatic stay and motions for an order confirming that no stay is in effect on an ex parte basis, it is necessary for all such motions to be accompanied by an affidavit from the moving party or counsel for the moving party, which details the facts in support of the motion. The Court may not issue the requested order without such an affidavit and may set the matter for a hearing.

Thu, 8/03/2006 - 5:00 am

On Friday, August 4, 2006, Brian Calub concludes three years of service as a law clerk to the judges of the Bankruptcy Court for the District of South Carolina. Since August of 2003, Brian’s dedication, hard work and skill have made considerable contributions to the Court. He will begin his private practice with the Nelson Mullins law firm on or about August 14, 2006. Brian has done an outstanding job and we will miss him. We all wish him well.

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