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Chambers' Bulletins

Fri, 8/28/2009 - 5:00 am

Judge Waites and the staff of the Bankruptcy Court would like to thank Marilyn Gartley for her service as law clerk. Marilyn will join Eric Reed in practice on October 1, 2009. We all wish her well as she enters private practice.

Judge Waites is also pleased to announce that Sarah Dixon Wendell will join his chambers as a law clerk on August 31, 2009. Sarah is a 2007 honors graduate of the University of South Carolina School of Law and recently practiced as a staff attorney with the South Carolina Supreme Court. Sarah joins Sarah Kistler as the Judge's two law clerks and will split her time between the Columbia and Charleston offices.

Fri, 8/21/2009 - 5:00 am

The Judges are looking forward to attending the South Carolina Bankruptcy Law Association's Annual Seminar in Myrtle Beach, South Carolina, September 11-13, 2009. Betsy Burn, Tammi Hellwig, and the seminar committee have put together a great agenda of topics, including informative breakout sessions, a session specially designated for new attorneys, an economic update from Representative John Spratt, a discussion of the Homeowner Affordability and Stability Plan, and individual presentations by each Judge of the Court. SCBLA is still accepting registrations for the seminar and we encourage everyone to attend.

Tue, 8/11/2009 - 5:00 am

As a result of negotiations regarding relief from stay or treatment under a chapter 13 plan, debtors and creditors may agree to modify mortgages to include new terms. When such agreements do not involve the incurring of new debt, the debtors' requests for approval of such relief have been frequently characterized by the filing parties as motions to modify mortgage. When such modifications are consensual, the Court has been accepting, without motion or hearing, consent orders that are signed by counsel for the debtor, the mortgage creditor, and the chapter 13 trustee. In connection therewith, the chapter 13 trustees in this district have identified language which they require in order for them to consent. The order should provide that there will be no extension of additional funds beyond what is already owed; that payments to other lien holders under the plan will not be affected; and that the proposed modification has no detrimental effect on other creditors and is in the best interest of the debtor and the estate. The order should also address whether payments to the creditor, whose loan is to be modified under the plan, will continue or terminate upon entry of the order.

If a consent order is not presented with the motion to modify mortgage, the motion should be scheduled passively pursuant to SC LBR 9013-4 and noticed to the proper parties in interest. The passive notice list has been updated to clarify that such motions may be filed with a fifteen day notice period. If the modification to the mortgage involves new debt, a motion to incur debt may be filed, which also should be passively noticed to all creditors and parties in interest according to the Local Rule.

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