On behalf of the Judges and Clerk of Court, thank you to the South Carolina Bankruptcy Law Association for an educational and enjoyable virtual seminar. This year’s plans to meet in Asheville in March were postponed and eventually replaced with a virtual event over three Fridays this month. We would like to acknowledge the extraordinary efforts of the Seminar Committee to ensure its members were able to participate in enriching CLE sessions. We hope to meet again in-person next year and continue with the fellowship and traditions of the seminar and SCBLA.
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Jason Ward’s two-year term as law clerk for Judge Burris in the Spartanburg Division comes to an end on Friday, August 21st. He leaves the court to open his new law office in Greenville, S.C. Jason has provided excellent service to the Court over the past two years and we wish him the best as he embarks on this next step in his career.
Direction regarding hearings before Judge Helen E. Burris can be found in the Judge’s Chambers Guidelines TEMPORARY AMENDMENT DUE TO NATIONAL HEALTH EMERGENCY (originally posted March 20, 2020, in redline to highlight changes from prior procedures), available here.
Please see Judge Burris' Chambers Guidelines Temporary Amendment Due to National Health Emergency Effective March 20, 2020. For your convenience, the document is posted in redline to highlight the changes in procedure.
Pursuant to the bulletin of February 26, 2020, Judge Burris has posted updated Chambers Guidelines that include new Chapter 13 attorney’s fees information as follows:
Chapter 13 Matters
Expedited fee amount for purposes of SC LBR 2016-1(b)(1) for all cases assigned to Judge Burris: Consumer $4,000; Business $4,500
Supplemental Fees. The chambers guideline threshold for Judge Burris is eliminated effective March 1, 2020. As a result, the procedures found in SC LBR 2016-1(b)(2)(B) are no longer necessary and attorneys should follow the procedure for application set forth in SC LBR 2016-1(b)(2)(A).
Fees charged must match the complexity and scope of work described in the application.
After confirmation, and to the extent funds are available after deduction of the trustee’s commission, the trustee may disburse up to $1,500.00 to counsel as part of the initial disbursement under the Chapter 13 plan.
David Kershaw, current term law clerk for Judge Burris in the Spartanburg Division, will soon leave the Court to join Turner Padget in Greenville, S.C. His last day in the office will be Thursday, August 23. David has provided excellent service to the Court over the past two years and we wish him well.
We also welcome Jason Ward as term law clerk in Spartanburg, effective August 20. Jason is a 2012 graduate of USC School of Law, and we look forward to the benefit of his experiences as a practicing bankruptcy attorney. Jason joins career clerk, Lauren Maxwell, who will return from maternity leave (twins!) on September 10.
Updated Chambers Guidelines for Judge Burris have been posted here to include the chapter 7 Loss Mitigation/Mortgage Modification event
At the request of the debtors' bar, the Request for Order Authorizing Loss Mitigation/Mortgage Modification event is now available for use in chapter 7 cases (Judge Duncan and Judge Burris cases only). The event may be used one time only, and can only be filed once the chapter 7 trustee has filed a report of no distribution or a report of abandonment of the specific property on which the debtor intends to pursue loss mitigation. A copy of the resulting order is available here. Note that the chapter 7 order provides that “the issuance of this order does not extend any time period or deadline in this case.” Additionally, the language of the Request for Order Authorizing Loss Mitigation/Mortgage Modification in Judge Duncan and Judge Burris chapter 13 cases has changed slightly to conform to the language of the chapter 7 order and to provide clarity. The title of the Order has changed from "Order Authorizing Loss Mitigation/Mediation" to "Order Authorizing Loss Mitigation/Mortgage Modification", and the second sentence of the order has been revised to add "at their discretion" after "Debtor(s) and Creditor", reflecting that although the stay is lifted to allow the parties to engage in loss mitigation, doing so is within the discretion of the parties. A copy of the revised order is available here.