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Chambers' Bulletins

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.


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.


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.


Tue, 5/31/2016 - 5:00 am

Judge Waites and the staff of the United States Bankruptcy Court would like to thank Sarah Kistler for her service as a career law clerk in Columbia since November 2006. Her last day in chambers will be Friday, June 3, 2016.



Sarah has not only been an outstanding law clerk and adviser, but she has managed chambers with a steady hand and positive spirit that has endeared her to her colleagues and the bar. Her professionalism, friendship and support will be sorely missed.



We all wish Sarah and her family great happiness and the very best in the future.

Wed, 5/11/2016 - 5:00 am

Due to construction work taking place in the Charleston courtroom, Judge Waites' hearings scheduled for Thursday, May 12, 2016 will be conducted in Courtroom 5 on the 4th floor of the United States District Court, 85 Broad Street in Charleston at their previously scheduled time. Attorneys scheduled to appear are asked to notify their clients of the change in the location and to suggest an early arrival time to avoid unnecessary delay.


Tue, 5/10/2016 - 5:00 am

It is with great sadness that the Judges have learned of the passing of retired bankruptcy attorney John R. Lester.  John filed thousands of consumer bankruptcy cases from his Midlands office before “retiring” to the coast, where he also practiced real estate law. He started his bankruptcy practice when a tenant in his office building was disbarred and hundreds of chapter 13 debtors were left without representation, but for John’s stepping up and assuming responsibility for the cases. He served as President of the South Carolina Bankruptcy Law Association, was a William E. S. Robinson Public Service Award winner, and was twice recognized by the South Carolina Bar for his pro bono work. John was dedicated to his clients, a friend to his fellow attorneys, and always a model of collegiality.


Thu, 5/05/2016 - 5:00 am

Best Practices – foreclosure and the automatic stay -


 


The judges recently received correspondence from a state court judicial officer asking our court to encourage counsel for debtors to ensure that a courtesy notice of a bankruptcy filing or intent to file is given to creditor attorneys when a foreclosure proceeding is nearing a sale. Providing prompt notice of bankruptcy helps avoid wasted effort by counsel and the state court and serves to limit the unnecessary costs and attorney fees that may be taxed to the debtor when notice is not given in a timely fashion. Equally important, ensuring that opposing counsel and the state court knows of the bankruptcy filing before unnecessary effort is expended is consistent with civility in the practice of law and the collegiality for which the bankruptcy bar is known. Likewise, counsel for the foreclosing party has on-line tools available to monitor bankruptcy filings and the best practice is to always check for a bankruptcy filing shortly before the sale is to occur. Because the stay arises by virtue of the filing of the bankruptcy petition, regardless of notice, an attentive creditor counsel can avoid wasting judicial resources by monitoring filings. We believe that most bankruptcy counsel are faithful in communicating with creditor counsel and that most creditor counsel engage in the practice of monitoring on-line case filing information before proceeding to a sale; nevertheless, and in cooperation with state judicial officials, we remind you of these best practices.



Annual Seminar –


The judges and clerk of the Bankruptcy Court thank the South Carolina Bankruptcy Law Association and its members for the hospitality shown us at the Hilton Head meeting this past weekend. The speakers and materials were superb. Even more important, the opportunity for social interaction was unsurpassed. There were over two hundred in attendance and all who missed the annual event should begin planning now for next year.
 
The Association recognized two outstanding individuals with awards.


The annual William E. S. (Billy) Robinson Public Service Award was presented to Janet Haigler. This honor is awarded to an Association member selected by the Public Service Committee, with the approval of the Board of Directors, for “distinguished public service to the legal profession and the community as was exemplified by Billy Robinson during his life.” Janet was nominated by her fellow members of the CARE Steering Committee, a joint initiative of the Court, Association, and S. C. Legal Services. She is the chair of the Outreach Committee and is “the face of CARE in speaking to community organizations about the benefits of using CARE presenters.”  Janet is herself a regular presenter and she recently helped establish a relationship for CARE with high school teachers state-wide through the South Carolina Finance Forum.



The J. Bratton Davis Professionalism Award was presented to George Cauthen. The award criteria provides: “This award is named in honor of J. Bratton Davis, this district’s first bankruptcy judge . . . . Judge Davis always epitomized the best of the legal profession: academic scholarship and perfection in his written opinions; considerate and polite to all who appeared before him; and the consummate gentleman in all that he did.” George was nominated by a group of ten of his fellows at the bar. The nomination noted his scholarship, public service, collegiality, expertise, age and youthful exuberance, and many other characteristics. It was noted, “He co-founded the South Carolina Bar Pro Bono Program, the South Carolina Death Penalty Resource Center, and the South Carolina Access to Justice Commission. He has received the Van Breisen Award from the National Legal Aid Association, the Robinson Public Service Award from Bankla, the Pro Bono Lawyer of the Year Award from the South Carolina Bar, the Distinguished Service Award from the South Carolina Bar, the Compleat Lawyer Award from the University of South Carolina School of Law, and the Grassroots Advocacy Award from the American Bar Association.”  The nomination concluded: “An ornament to the bar, a shining example of how lawyers ought to act, a beacon of professionalism, and a constant example of civility. . . .”



Congratulations to Janet and George. 


Thu, 5/05/2016 - 5:00 am

Student Loan Debt Project: Recent Updates from the Department of Education


As part of the Student Loan Debt Program, Judge Waites and the Student Loan Workshop Committee would like to pass along recent updates from the Department of Education that may be helpful to counsel in assisting clients with student loan issues.


Recently, the Department of Education reported that one in four student loans are either in default or are at risk of imminent default. The Department also reports that 70% of borrowers qualify for an income driven repayment plan but that few borrowers seek alternative repayment options. Therefore, the Department of Education, in coordination with the Consumer Financial Protection Bureau and the Department of Treasury, have announced an initiative to increase awareness of these alternative repayment options and to improve the customer service provided to student loan borrowers.  Summaries of the recent developments made as part of this initiative are attached here, including:


(1)   The new Department of Education website for alternative student loan repayment plans


(2)   The Consumer Financial Protection Bureau’s Payback Playbook


(3)   The Consumer Financial Protection Bureau’s Servicemember  Student Loan Action Guide


(4)   The Department of Education’s solicitation for Total and Permanent Disability Discharge.


 


Wed, 4/27/2016 - 5:00 am

Student Loan Debt No-Look Fee
The Court being aware that student loan debt issues are arising more and more in Chapter 13 cases and that the resolution of such issues is critical to the Debtor(s)' fresh start, issues the following guidelines to establish a procedure for compensation for counsel who provide services to Debtor(s) in addressing student loan debt in Chapter 13 cases assigned to Judge Waites. Click here to view the Student Loan Debt guidelines.


Supplemental No-Look Fee for Loss Mitigation/Mortgage Modification
An additional supplemental no-look fee for LM/MM shall be allowed for representation of Debtor(s) and the filing of related pleadings for the following matters:




  1. $500 - Hearing on Debtor(s)' motion to enforce LM/MM guidelines


  2. $500 - Mediation of LM/MM as ordered by the Court

The additional supplemental no-look fees set forth above may be requested at the hearing by oral motion and authorized by the Court, or in the event of mediation, the fees may be authorized upon the mediator's submission of a mediation report indicating that Debtor(s)' attorney actively participated in the mediation.


Announcement of Valuation Dispute Mediation Pilot Program
In an effort to facilitate communication and settlement of contested valuation issues in Chapter 13 cases and in order to reduce costs of contested hearings, mediation will be ordered in certain cases involving valuation of secured claims on real estate and large value personal property, such as manufactured homes, tractor trailers or RVs (but excluding automobiles). The Court shall select and appoint a mediator who will be compensated by a fee of $400, to be equally divided between the debtor(s) and creditor, and who will perform up to 2 hours of service in preparation or mediation sessions. The form mediation order, which provides an opportunity to settle before mediation and thereafter a schedule for mediation, may be viewed by clicking here.


Mon, 4/11/2016 - 5:00 am


Judge Waites is currently accepting applications for a law clerk position in Columbia or Charleston beginning on or about June 6, 2016. Please click here to view the vacancy announcement.

After nine years of service as Judge Waites' career law clerk, Sarah Kistler will be leaving his chambers in June to accompany her husband to Atlanta, Georgia as the result of his acceptance of a new position in that area. We wish her and her family great happiness in Georgia.


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