Judge Waites is pleased to welcome back to chambers Brian Calub as a law clerk in Columbia. Brian previously clerked for both Judge Waites and Judge Bishop in 2003-2006 and went on to a successful practice with Nelson Mullins in Columbia (7 years), The Hunoval Law Firm in Charlotte (2 years) and most recently with McGuire Woods in Charlotte (6 years).
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Unless announced otherwise, Judge Waites will continue to use videoconferencing or telephonic appearances as the primary means of conducting uncontested hearings or hearings in which the trustee wishes to question the debtor in Chapter 12 and Chapter 13 cases. This would include the roll call of recommendations by the trustee and the conducting of status hearings in Subchapter V chapter 11 cases. Counsel should contact or coordinate with the applicable trustee to ensure you have the correct information for appearances in such matters.
The presumption of an in person hearing mentioned in operating order 20-14 posted on June 7, 2021 will apply to matters in which joint or separate statements of dispute indicate that the matter is contested and there is an expectation of the submission of evidence or testimony. Counsel in such matters should affirmatively contact courtroom deputy Nicole Stalvey to ensure the appearance requirement, to request an alternative means of appearance or hearing date and to ensure the correct location for any in person hearing. In person hearings may be held in the Columbia or Charleston court location regardless of the location originally noticed depending on other matters scheduled before the court that day.
In Chapter 11 cases, counsel should presume an in person hearing but should affirmatively contact the courtroom deputy to determine whether videoconference or telephonic hearings may be alternatively allowed and to determine the location of any in person hearing. In the instance where the attendance of out of state witnesses or counsel is expected, please contact the courtroom deputy before travel arrangements are made.
Hearing times and locations may be changed depending upon the schedule of other matters, the time necessary for the subject hearing and the location of witnesses and counsel.
Andrew Powell, Judge Waites’ career law clerk in Columbia, will be leaving the Court on June 4, 2021 to serve as the staff attorney for new chapter 13 trustee, Annemarie Mathews. Since 2015, Andrew has been an outstanding law clerk, friend, and advisor to the Judge. He has managed chambers with professionalism, skillfulness, and civility, which has been appreciated by his colleagues at the Court and the Bar. He will be missed and we wish him the best as he embarks on the next step in his career.
Agnes Babb, judicial assistant for Judge Waites for the last two years, will leave the Court on June 2, 2021 to resume her retirement. Agnes started with the Court in 1987, retired from the Court in 2019 but returned to help Judge Waites by special allowance from the Director of the Administrative Office of the U.S. Courts. Throughout her career, Agnes has shown skill, courtesy, and a kind and helpful attitude to all. Her friendship and positive spirit will be missed. We wish her many happy years in retirement.