The Court thanks Jane Downey, Eddie McDonnell, and Dan Stone for volunteering their time to the April Ask-A-Lawyer program. The next Ask-A-Lawyer session is planned for May 2, 2008.
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Chambers' Bulletins
Fri, 4/04/2008 - 5:00 am
The Judges and the Clerk of Court would like to thank the following attorneys and paraprofessionals Rick Richardson, Karen Ferguson, Linda Barr, Kim Johnson, Lex Rogerson, Kim Harbison & Jamie Presly for taking the time and interest to preview and comment on the court’s proposed website scheduled to be made public in the near future. Many suggestions have already been put into our continued development of the new website. These include enhancements to the Opinions page and access to recently posted opinions, reformatting of the Local Rules page and enhanced communication of updates to the Rules, and overall suggestions on content and placement of critical information. The new website will provide a more user friendly, concise delivery of information and the Court appreciates the input of the bar.
Fri, 3/21/2008 - 5:00 am
The United States Trustee and The United States Attorney have advised the Court of a criminal prosecution which may be of interest to the bar. The United States Attorney has indicted an Orangeburg man for criminal contempt for filing a bankruptcy petition in violation of an order of the Bankruptcy Court and for making false statements in his bankruptcy petition. A copy of the press release is attached.
Fri, 3/14/2008 - 5:00 am
The next Ask-A-Lawyer sessions are planned for April 10 and May 2. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at jeff_davis@scb.uscourts.gov.
Mon, 3/10/2008 - 5:00 am
Many thanks to Steve Huggins for volunteering his time to the Ask-A-Lawyer program. This past month's program was the most productive to date with the program receiving ten calls on a variety of issues. The next Ask-A-Lawyer sessions will be announced in the coming weeks.
Fri, 3/07/2008 - 4:00 am
The Judges of the U.S. Bankruptcy Court are pleased to announce the appointment the following members of the bar to the Court's Advisory Committee and Interest Rate Committee.
2008 Advisory Committee:
Michelle L. Vieira
Barbara G. Barton
Robert R. Meredith, Jr.
Herman F. (Rick) Richardson, Jr.
Weyman C. Carter
John S. Kay
John Timothy Stack
2008 Interest Rate Committee:
Charles S. Bernstein
Christopher M. Edwards
George O. Hallman, Jr.
J. Martin Harvey
Daryl G. Hawkins
Eddye L. Lane
Cynthia J. Lowery
Daniel A. Stone
William K. Stephenson, Jr.
Thu, 2/21/2008 - 4:00 am
As a result of recommendations made by the Chapter 11 Working Group, the Bankruptcy Court will post an updated list of creditor addresses required by Local Bankruptcy Rule 1007-1 on the web page by March 1, 2008. This will supersede the addresses set forth in the written local rules and will be periodically updated as an assistance to the bar.
In addition, effective February 22, 2008, involuntary bankruptcy petitions may be filed electronically via CMECF.
In addition, effective February 22, 2008, involuntary bankruptcy petitions may be filed electronically via CMECF.
Wed, 2/13/2008 - 4:00 am
The United States Trustee and The United States Attorney have advised the Court of a criminal prosecution which may be of interest to the bar. On February 6, 2008, an Easley man was found guilty by a jury in federal court in Anderson of one count of making false statements in a bankruptcy petition and four counts of tax evasion. A copy of the press release is attached.
Mon, 2/11/2008 - 4:00 am
The Clerk of Court has presented a proposal to significantly update the Court's web page within the next several months. It would be helpful at this stage to have the input of experienced and interested users of the web page. Therefore, the judges and the clerk are seeking user advice and comments within the next ten days from attorneys and bankruptcy paraprofessionals. Those interested would view the proposed web page in the automation training facilities at the U.S. Bankruptcy Court in Columbia. The judges are hopeful that attorneys and paraprofessionals from outside Columbia might also participate by arranging a visit in connection with upcoming hearings or 341 meetings. To volunteer for this opportunity, please contact Mark Tyan at scbcweb@scb.uscourts.gov or waites_chambers@scb.uscourts.gov as soon as possible.
Fri, 2/08/2008 - 4:00 am
By Judges Corner announcement on November 7, 2007, the Court reported that the Mortgage Issue Working Group recommended a 24-month sunset provision for ex parte relief under a 362 settlement order in a consumer case. A similar recommendation was also discussed with the Court's Advisory Committee in June of 2007. As a result, the judges of the Bankruptcy Court have agreed to adopt this recommendation in the following manner:
1) In the event of the filing of an affidavit of default under a previously entered 362 settlement order, if more than 24 months have elapsed since the entry of the settlement order, the Court will hold the ex parte order for a period of ten (10) days. In such situations, it is suggested that the party asserting default present a payment history which is sufficient to demonstrate the default.
Upon the expiration of ten (10) days without the filing of a counteraffidavit by the debtor disputing the fact of default and specifying the payments made, an order may be entered lifting the automatic stay.
2) For 362 settlement orders in consumer cases submitted on or after March 7, 2008, if the settlement order provides for ex parte relief upon subsequent default beyond a period of 24 months from the entry of the order, the Court will require the matter to remain on the calendar and will require the parties to appear to explain the need for inclusion of such a provision.
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