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Chambers' Bulletins
04/2019

On Behalf of the Court

Mon, 4/29/2019 - 1:10 pm

A technical amendment has been made to SC LBR 9013-4, Exhibit A to add Motions to Convert to Chapter 13 by a Chapter 7 Debtor to the list of matters that may be scheduled passively.  A 21-day objection period is required.  The Convert Case to 13 event has been modified to conform with the Court's passive notice procedures.  The Operating Order adopting the amendment is available hereSee FRBP 1017(f)(2) and 2002(a)(4).


Tue, 4/09/2019 - 11:04 am

On behalf of the Judges, thanks to the South Carolina Bankruptcy Law Association for an educational and enjoyable weekend in Savannah.  The Annual Seminar is open to all and is a must attend event for many in our practice area.  The speakers this year included United States Circuit Judge A. Marvin Quattlebaum, Jr.  The 2020 seminar has been announced for March 20-22 in Asheville, N.C.

A highlight of the annual meeting is the presentation of the Association's William E.S. Robinson Public Service Award.  It is presented annually by the Board of Directors to a member rendering distinguished public service to the legal profession and community. 

This year Keith Poston of Nelson Mullins Riley & Scarborough LLP was recognized.  Keith practices in Columbia and was involved in the Bi-Lo, LLC chapter 11 and the Tuomey Healthcare Systems workout.  Last November the National Conference of Bankruptcy Judges chose Keith to participate in its next generation program, naming him one of 40 up and coming bankruptcy practitioners with five to ten years experience. 

Keith has been involved with Central South Carolina Habitat for Humanity since 2009 and a board member since 2014.  He currently serves as the Board's vice president.  Keith serves as counsel in Habitat's rare foreclosure actions.  The other Board members, while appreciating his legal work, note that he often works with Habitat clients to achieve a loan modification, refinance, or extension of mortgage terms.  According to Executive Director Roy Kramer, once a homeowner falls into foreclosure, "if they can come up with a plan, more times than not, Keith works it out.  He's pretty good at getting them back on track."

Keith also volunteers for the Wills for Heroes program (providing simple wills and medical powers of attorney to first responders), the South Carolina Guardianship Project (a probate court guardian program), and does pro bono family and landlord-tenant law.  Keith says he enjoys working on these matters because he is able to personally connect with his clients.  The Judges thank Keith for his efforts and congratulate him on the award.

David R. Duncan, Chief Judge


Judge Waites

Tue, 4/23/2019 - 9:51 am

On March 14, 2019, the Bankruptcy Court announced modifications to the local form chapter 13 plan that will be effective for all cases filed on or after May 1, 2019.

Judge Waites invites members of the South Carolina Bankruptcy Bar that practice before him to a meeting to discuss how these District-wide changes will specifically affect the chapter 13 cases assigned to him. This meeting will address the cases assigned to both Trustee Wyman and Trustee Stephenson.

The meeting will be held at 11:30 AM after the close of the docket in Charleston scheduled for Thursday, April 25, 2019. Attorneys and staff from either the Charleston or Columbia divisions may attend in person or by telephone. Please RSVP for the meeting to Agnes Babb at Agnes_Babb@scb.uscourts.gov no later than today at 3:00 PM. In the RSVP, please indicate whether you anticipate attending in person or by telephone.


Fri, 4/19/2019 - 8:48 am

Judge Waites’ term law clerk, Claire Voegele, has accepted the opportunity to serve as the law clerk for a United States District Court Judge in Columbia beginning at the end of this month. The Judge and members of his chambers and case team would like to thank Claire for her service and wish her well. Claire’s last day in chambers will be April 26, 2019.

With Claire’s departure, Judge Waites is happy to welcome back Sarah Kistler to his chambers as a law clerk on a part-time basis. She has previously served with distinction as Judge Waites’ career law clerk for many years prior to her family’s move to Georgia in 2016. Sarah will be teleworking from Georgia.


Thu, 4/18/2019 - 2:34 pm

On March 14, 2019, the Bankruptcy Court announced modifications to the local form chapter 13 plan that will be effective for all cases filed on or after May 1, 2019.

Judge Waites invites members of the South Carolina Bankruptcy Bar that practice before him to a meeting to discuss how these District-wide changes will specifically affect the chapter 13 cases assigned to him.

The meeting will be held at 11:30 AM after the close of the docket in Charleston scheduled for Thursday, April 25, 2019. Attorneys and staff from either the Charleston or Columbia divisions may attend in person or by telephone. Please RSVP for the meeting to Agnes Babb at Agnes_Babb@scb.uscourts.gov no later than 12:00 PM on Tuesday, April 23, 2019. In the RSVP, please indicate whether you anticipate attending in person or by telephone.

Below is a short summary of the recent and upcoming changes to the chapter 13 practice that will be discussed in more detail at the meeting. A more detailed summary of these changes is available here.

Changes to the Chapter 13 Plan in cases filed on or after May 1, 2019:

Part 1: Changes to the notice to creditors of objection deadline.

Part 3:  Changes to #3.2 and #3.3 regarding the satisfaction of liens.

Part 4: Changes to #4.4 elimination of extraneous language and clarification.

Other recent and upcoming changes:  

Presumptive interest rate in Chapter 13 Cases filed on or after May 1, 2019 increases to 6.25%.

Adjustments to the dollar amounts listed in the Bankruptcy Code became effective on April 1, 2019.  Notably, Chapter 13 debt limits under §109(e) were changed to $419,275 unsecured and $1,257,850 secured for cases filed on or after that date.    Other changes to adjusted dollar amounts can be found here.


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