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Chambers' Bulletins
02/2016

Mon, 2/22/2016 - 4:00 am

Today is the final day to sign up for the free Loss Mitigation/Mortgage Modification training to be held on February 25, 2016 at 1:30 p.m. The live presentation will be held in Columbia with video broadcast to the Charleston courtroom. For more details, please see the February 17, 2016 Judges Corner Announcement.


We have more than 30 attendees signed up so far. Don't miss out on this great opportunity to learn more about the Loss Mitigation/Mortgage Modification process! Sign up TODAY by 5 p.m. by sending an email to Sarah_Kistler@scb.uscourts.gov.


Thu, 2/18/2016 - 4:00 am

When filing a Notice and Motion for Loss Mitigation/Mortgage Modification and self scheduling a possible hearing date for such motion, Debtor(s)' counsel should select a 362 hearing date from the self scheduling calendar published on the Court's web site and must also ensure that the date selected allows for a 14-day objection period and otherwise complies with SC LBR 9013-4. Motions for Loss Mitigation/Mortgage Modifications that are incorrectly scheduled for a Chapter 13 consent/dispute date may be stricken, rescheduled, and/or require renoticing.


Wed, 2/17/2016 - 4:00 am

A free Loss Mitigation/Mortgage Modification training workshop for paralegals and new attorneys will be held at the J. Bratton Davis U.S. Bankruptcy Courthouse on Thursday, February 25, 2016 at 1:30 p.m., with broadcast by video to the Charleston courthouse for attendees in the Charleston division. A limited number of spots to attend by telephone will be offered for those located too far to travel to the Columbia or Charleston courthouses.


The one-hour program will cover best practices and tips and will be hosted by Judge Waites and presented by paralegals with experience in the loss mitigation/mortgage modification process, who have achieved a 70% success rate for their bankruptcy clients.


Those interested in attending should sign up on or before 5 p.m. on Monday, February 22, 2016, by sending an e-mail to Sarah_Kistler@scb.uscourts.gov. Questions regarding the loss mitigation/mortgage modification process and use of the DMM Portal may be submitted in advance to the same email address by the same deadline. Those who are unfamiliar with the DMM Portal may view a training video in advance at https://defaultmitigation.wistia.com/medias/nhd9q9lbh2. Much effort has been made to make this session as informative as possible, and Judge Waites encourages those who are interested in learning more about the loss mitigation/mortgage modification process in his cases to attend.


Mon, 2/01/2016 - 4:00 am

Judge Waites would like to announce the initiation of a Student Loan Debt Project II and solicit the participation of interested members of the SC Bankruptcy Bar.

In an effort to educate debtors, members of the Bar and the public in general on non bankruptcy programs related to student loan debt,  in the first phase of the Student Loan Debt Project last year, the Bankruptcy Court published a Student Loan Primer on its website and formed a partnership with SC Legal Services and American Student Assistance to provide ongoing access to student loan advisers.

The second phase of the project has three goals:

1. To expand training on non-bankruptcy administrative programs for use in managing student loan debt and to learn how these programs affect a debtor who has already filed a bankruptcy case;

2. To develop a library of non-standard plan provisions and contacts helpful to a debtor in Chapter 13 or 11 who seeks to manage student loan debt via a reorganization case; and

3. To identify volunteer attorneys available to represent low income debtors who are unable to afford representation in undue hardships cases and, with the assistance of student loan creditors' counsel, develop forms, protocols, and procedures which would be helpful in resolving such cases. (This may be especially helpful to young attorneys who are interested in gaining trial experience on a pro bono or low bono basis.)

Attorneys or paralegals interested in working on this project during 2016 should advise Sarah Kistler at Sarah_Kistler@scb.uscourts.gov.


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