The Court would like to thank Rick Steadman, Phil Fairbanks, and Suzanne Campbell for volunteering for the Ask-A-Lawyer program this past quarter. The next Ask-A-Lawyer sessions are planned for July 30, September 3, and October 1. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.
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Chambers' Bulletins
Tue, 6/15/2010 - 5:00 am
The Chambers Guidelines have been updated to reflect Judge Duncan's procedure for hearing certain matters in chapter 13 cases. Please refer to Chapter 13 Matters in the Chambers Guidelines for further information.
Fri, 5/21/2010 - 5:00 am
The Judges of the U.S. Bankruptcy Court for the District of South Carolina are pleased to announce the appointment of the following members of the bar to the Court's Advisory Committee on Rules and Practice and the Interest Rate Committee.
2010 Advisory Committee on Rules and Practice:
David Wheeler
Frank Knowlton
Robert Anderson
Eric Reed
Kevin Brown
Dana Wilkinson
Linda K. Barr
2010 Interest Rates in Chapter 13 Cases Committee:
Richard Steadman, Jr.
Mary Powers
J. Carolyn Stringer
Kristen Nichols Voyer
Janne Osborne
T. Lowndes Pope
Gretchen D. Holland
We appreciate their willingness to serve.
Wed, 5/12/2010 - 5:00 am
Upon the agreement of the Judges and the Local Rules Committee, the United States Bankruptcy Court posts suggested 4004-1 for comment in anticipation of an effective date of June 1, 2010. Suggested Local Rule 4004-1 provides a procedure for obtaining a discharge in an individual chapter 11 case. The Court anticipates that such cases will be closed following the final decree and may be reopened, without the payment of a reopening fee, for purposes of obtaining a discharge. Upon the effective date of the rule, the Court will make available new CM/ECF events that correspond with the motion and notice referenced in paragraphs (a) and (c) of the rule. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by Friday May 28, 2010. The Judges and Clerk wish to thank the Local Rules Committee for their review and submissions made.
Thu, 4/08/2010 - 5:00 am
The Court would like to thank Kevin Campbell, Suzanne Campbell, and Eddie McDonnell for volunteering for the Ask-A-Lawyer program this past quarter. The next Ask-A-Lawyer sessions are planned for April 29, June 3, and July 1. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.
Mon, 4/05/2010 - 5:00 am
The Judges are looking forward to attending the South Carolina Bankruptcy Law Association’s 20th Annual Seminar May 7-9, 2010 at the Grove Park Inn Resort & Spa in Asheville, North Carolina. Tammi Hellwig, Pamela Simmons-Beasley, and the seminar committee have worked tirelessly over the past several months to develop a different and exciting program and recruit outstanding speakers. Notably, this year’s Seminar features a 3-Judge Panel Discussion, separate Consumer and Commercial Law tracts, informative breakout sessions specifically tailored for new attorneys and paralegals, and a video presentation prepared in honor of the 20th anniversary of the Seminar. William H. Harrison, Jr., returns this year as guest speaker to discuss commercial mortgage debt, the banking system and the residential housing market. The Judges hope for a good turnout of lawyer and paralegal attendees this year. We especially hope to see you there.
Fri, 4/02/2010 - 5:00 am
Effective April 1, 2010 in chapter 13 cases filed and assigned to Judge Duncan, the Consent/Dispute calendar process will be modified. All chapter 13 plans will be set for confirmation hearings. If the trustee or a creditor objects to confirmation the hearing will be continued to a dispute calendar and a statement of dispute must be filed, as under present practice. Otherwise counsel for the debtor and pro se debtors must appear at the first scheduled confirmation hearing and shall briefly describe the treatment of each creditor or class and be otherwise conversant with all elements of the proposed plan. Judge Duncan will preside at these hearings and the trustee will make a recommendation as to confirmation following the brief presentation by counsel. Judge Duncan may continue confirmation to a dispute calendar if testimony of the debtor is necessary or if there are issues requiring further review. Further information concerning the presentation by counsel will be forthcoming. The presentation will include a description of the treatment of each creditor or class of creditor, an affirmative statement as to any debt that may fall in a non-dischargeable category and disclosure of any plan provision that modifies the form plan. This applies to chapter 13 cases filed on and after April 1 for Judge Duncan only.
Judge Duncan will no longer enter orders with a waiver of the Fed. R. Bankr. P. 4001(a)(3) and 6004(h) stay without a hearing and a showing of cause. Please note that the term of these stays, effective December 1, 2009, is 14 days rather than 10. For a limited transition time chambers will contact the proponent of a proposed order to determine whether stay waiver language should be stricken or the motion should be set for hearing. For § 362(d) motions and applications for sale filed after May 1, 2010 a proposed order containing a stay waiver will be considered at the hearing on the date contained in the notice or, for ex parte settlement default order submissions, on a date set by the court. Additionally, if fiduciary sales applications served on all parties in interest contain a specific showing of cause for waiver of the stay – as opposed to a boilerplate request – and no objection is made to the sale or waiver, the order approving sale and waiving the stay will be considered in chambers, but may be set for hearing.
Wed, 3/31/2010 - 5:00 am
The Local Rules have been amended to incorporate revisions to SC LBR 1073-1 and to add SC LBR 7030-1. Specific changes are noted in the comments to each rule. Please also note that certain forms promulgated by the Judicial Conference are changing effective April 1, 2010. The petition, proof of claim form, and certain other forms are being amended to include adjustments to dollar amounts in accordance with 11 U.S.C. § 104. The Director's Form regarding reaffirmation agreements is also being amended to include instructions and to simplify the language found in the current form. The current Director's Form will remain as an alternate form and either form my be used in accordance with SC LBR 4008-1. Further details on these form changes may be found at www.uscourts.gov/bankform/index.html.
Thu, 3/04/2010 - 4:00 am
Upon the agreement of the Judges and the Local Rules Committee, the United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of March 31, 2010. Revised Local Rule 1073-1 incorporates Operating Order 09-05 and sets forth the Court's existing practice regarding the assignment of certain cases. The new rule removes Exhibit A and utilizes a new CM/ECF event, "Certification Regarding Judge Assignment," which will be used in place of the existing form. Proposed 7030-1 incorporates the District Court's rule regarding depositions and examinations. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by Friday March 19, 2010. The Judges and Clerk wish to thank the Local Rules Committee for their review and submissions made.
Wed, 2/24/2010 - 4:00 am
The Judges of the Court would like to thank Barbara Barton; Weyman Carter; John Kay; Robert Meredith; Herman Richardson; Tim Stack; and Michelle Vieira for serving on the local rules committee and Charles Bernstein, Christopher M. Edwards, George O. Hallman, Jr., J. Martin Harvey, Daryl G. Hawkins, Eddye L. Lane, Cynthia J. Lowery, Daniel A. Stone, and William K. Stephenson for serving on the interest rate committee. Those interested in serving on the local rules committee or the interest rate committee for the next two years should contact Jeff Davis at Jeff_Davis@scb.uscourts.gov by no later than March 10, 2010.
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