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Chambers' Bulletins
01/2020

On Behalf of the Court

Thu, 1/30/2020 - 1:57 pm

As previously noticed, the United States trustee program will host a training session to discuss the Small Business Reorganization Act of 2019 on February 11, 2020 from 3:00-4:30 p.m.  The training session will be held at the United States Bankruptcy Courthouse, 1100 Laurel Street, Columbia, SC.  The training will also be available by video from the Charleston and Spartanburg courthouses and via WebEx from your personal computer.  It is anticipated that the training will be approved for 1.5 hours of CLE credit. 

If you would like to attend the February 11 training, please RSVP by Friday, February 7 to dawn_hardesty@scb.uscourts.gov.  Please indicate whether you plan to attend in person and in which location, or whether you plan to attend via WebEx.  If attending by WebEx, please provide the email address to which you would like the log-in instructions sent.  Instructions for logging in to the training via WebEx will be sent out the day prior to the training to those that have RSVPed.  Written materials for the training will be posted on the Court's website and sent by email to those that have RSVPed prior to the event.

If you have questions about the training, please contact Dawn Hardesty at dawn_hardesty@scb.uscourts.gov or at (803) 765-5659.


Mon, 1/27/2020 - 3:52 pm

To facilitate uniformity in the implementation of the changes mandated by the Small Business Reorganization Act of 2019, the Court has adopted Local Rule 2081-3, which incorporates Interim Amendments to Federal Rules of Bankruptcy Procedure 1007, 1020, 2009, 2012, 2015, 3010, 3011, 3014, 3016, 3017.1, 3017.2, 3018, and 3019.  Local Rule 2081-3 is effective February 19, 2020.  The Operating Order adopting the Local Rule is available here.  A redline showing the changes made to the Local Rules by the Interim Rules is available here.


Wed, 1/22/2020 - 11:50 am

The United States trustee program will host a training session to educate the bankruptcy bar on the Small Business Reorganization Act of 2019 on the afternoon of February 11, 2020 at 3:00 p.m.  The training session will be held at the United States Bankruptcy Courthouse, 1100 Laurel Street, Columbia, SC 29201 and will also be available for viewing from the Charleston and Spartanburg courthouses or from your personal computer. The session should be approved for CLE credit.  Please save this date and make plans to attend.  More information will be available soon.


Wed, 1/08/2020 - 11:23 am

The Chapter 13 Interest Rate Committee has met and recommended that the presumptive interest rate in chapter 13 cases be decreased from 6.25% to 5.75%.  The Court has considered and adopted this recommendation.  The presumptive interest rate in chapter 13 cases to be applied to secured claims will become 5.75% effective for cases filed on or after January 9, 2020.  Operating Order 20-01 adopting the new interest rate is available here.  The Court thanks the members of the Chapter 13 Interest Rate Committee for their work and recommendation.


Judge Waites

Mon, 1/13/2020 - 9:50 am

During January and February 2020, Judge Waites’ Charleston court dockets will be, in most instances, conducted at the scheduled time by video conference capability with the trustees, attorneys, parties, and witnesses appearing in the Charleston courtroom and the Judge appearing by video from Columbia.

During this period, it is imperative that counsel observe Judge Waites’ Chambers Guidelines and timely submit continuance requests, withdrawals, settlements and joint statements of dispute. Joint statements of dispute are due in all contested matters, including objections to confirmation and objections to motions for relief from stay.

Testimony and documentary evidence shall be presented in Charleston. For all exhibits, to the extent counsel wants the Judge to have a copy for review during the hearing, an additional copy shall be provided to the Columbia Chambers by email (Andrew_Powell@scb.uscourts.gov) no later than 12:00 PM, one business day prior to the scheduled hearing.

Contested matters or trials which are expected to require significant court time may be rescheduled by the Court to be heard on a separate day.

The parties, counsel, and applicable case trustee may jointly request to move the location of a Charleston hearing to the Columbia courthouse. Any request to move a Charleston hearing to the Columbia courthouse shall be made to Chambers by email (Andrew_Powell@scb.uscourts.gov) no later than 10:00 AM two business days prior to the scheduled hearing. A hearing moved to the Columbia courthouse may be rescheduled depending on the Court’s schedule.

In matters involving only arguments (i.e., no testimony or contested exhibits to be presented) and with the consent of all counsel, pro se parties, and the applicable case trustee, the Court will allow attorneys to appear in Columbia while opposing attorneys appear in Charleston. Such a request and consents shall be presented to the Courtroom Deputy (Nicole Stalvey, Nicole_Stalvey@scb.uscourts.gov) and Chambers (Andrew Powell Andrew_Powell@scb.uscourts.gov, Agnes Babb, Agnes_Babb@scb.uscourts.gov) by email no later than the deadline for filing the joint statement of dispute in the contested matter.


Judge Duncan

Thu, 1/02/2020 - 11:09 am

Judge Duncan would like to thank his current law clerk, Charles Buist, for his distinguished service.  Charles has served as Judge Duncan's law clerk since August 2018.  He has accepted an offer to serve in a general counsel role in Jacksonville, Florida.  His last day in Judge Duncan's chambers will be Friday, January 3.  Judge Duncan extends Charles best wishes as he embarks on this next step in his career.


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