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Chambers' Bulletins
06/2016

Changes to procedures and chambers guidelines- Judge Burris
Fri, 6/17/2016 - 5:00 am

To accommodate the recently announced assignment of Columbia cases, changes have been made to chambers guidelines and calendars for Judge Burris.



  • Under the heading "Chapter 13 Matters" in Chambers Guidelines regarding chapter 13 fees, the words "in the Spartanburg Division" have been deleted so that the applicable fee applies to all cases assigned to Judge Burris.

  • A section titled "Location of Hearings" has been added that states:

Unless ordered otherwise:




  1. for cases in the Spartanburg Division assigned to Judge Burris (all chapters), hearings shall be scheduled at the following location:

    Donald S. Russell Courthouse & U.S. Courthouse
    201 Magnolia Street
    Spartanburg, SC 29306



  2. for cases in the Columbia division assigned to Judge Burris (all chapters) filed on or before June 26, 2016, hearings shall be scheduled in the following location:

    J. Bratton Davis U.S. Bankruptcy Courthouse
    1100 Laurel Street
    Columbia, SC 29201


  3. for any bankruptcy case filed on or after June 27, 2016, assigned to Judge Burris that is outside the Spartanburg division, debtor’s counsel must make an election when the case is filed indicating the preferred hearing location (Spartanburg or Columbia) for all hearings to be held in that case, excluding the 11 U.S.C. § 341 meeting (to conclusion, all chapters) and the INITIAL confirmation hearing in Chapter 13 cases. This election will produce a conspicuous docket entry. Any party scheduling a hearing in such a case thereafter must select the hearing location corresponding to this election, absent further order of the Court. 　Upon request, the Court may consider scheduling some hearings in a different location as necessary to accommodate the parties as efficiently as possible. Any such requests will be considered on a case-by-case basis and should be directed to courtroom staff or chambers.



  • To accommodate future hearings in Columbia


    • Monday, July 25 at 10:00 a.m. has been added for "Chapter 13 Consent/Dispute".

    • Time slots have been added for August forward of 9:45 a.m. for Chapter 13 Consent, 10:00 a.m. for Chapter 13 Dispute.

Chambers and courtroom will make every effort to accommodate any scheduling conflicts.

Conduit Mortgage Payment Procedure
Fri, 6/17/2016 - 5:00 am

Judge Waites is considering allowing a conduit mortgage payment procedure in the Chapter 13 cases assigned to him as a means of improving debtors retention of their homes by ensuring payments of mortgage payments during the bankruptcy case. The procedure is described in the attached explanation and Operating Order (click here to view).


The attached proposed Operating Order is in draft form and will be refined and therefore the Judge invites comments, questions, or suggestions be sent to Andrew_Powell@scb.uscourts.gov on or before July 8, 2016.


This proposal has been shared with Judges Duncan and Burris for comment and suggestions. To the extent a district-wide procedure can be established, these procedures may change.

Attorney Assistance to Domestic Support Claimants/Small Business Creditors
Wed, 6/08/2016 - 5:00 am

Similar to the Pro se Debtor Assistance program used in his cases, Judge Waites would like to identify attorneys interested in receiving referrals of pro se parties who have the following type of claims/issues in Chapter 13 cases on his docket: Domestic Support Obligations and Small Business Creditors.


Obtaining counsel is not only better for the pro se claimant but often allows for a more expedited and fair resolution of disputes which also benefits debtors, trustees and the case administration process. Therefore, referring pro se claimants to experienced attorneys assists everyone.


The referral to a participating attorney would be made by a member of the Judge's case team in the order that attorneys sign up. The attorney would agree to an expedited appointment or telephone consultation if necessary and, upon an agreement for representation and the filing of a notice of appearance, the court would consider any necessary continuances.


If you are interested in participating, please advise Nicole Stalvey at Nicole_Stalvey@scb.uscourts.gov by providing your preferred contact information. You may also provide a brief description of your experience in representing parties in these areas.

Chambers News
Thu, 6/02/2016 - 5:00 am

Judge Waites is pleased to welcome Tara E. Nauful to his Charleston SC chambers as a career law clerk beginning June 27, 2016.
Tara has had more than 20 years of bankruptcy experience and comes to the Court from her position as partner in the law firm of Adams and Reese, LLP. She is a certified specialist in bankruptcy and debtor/creditor law and is certified as a mediator by the S.C. Supreme Court. She is also a past president of the S.C. Bankruptcy Law Association and has been frequently recognized by Best Lawyers in the area of bankruptcy and insolvency law. Tara will join Andrew Powell who works in the Columbia chambers.

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