In February of this year, following the lead of other districts with a Loss Mitigation/Mortgage Modification (“LM/MM”) program, Judge Waites implemented a mediation requirement in all LM/MM cases that utilize the Portal. 　

A review of the reported Portal cases for the first six months of this new procedure indicates a 75% success rate, measured by the achievement of a trial payment plan, a permanent loan modification or another loss mitigation arrangement that is favorable to the debtor. 　

Judge Waites would like to thank the mediators who have served in these cases, Janet Haigler, Russ DeMott and John Butler, as well as commend the attorneys representing debtors and those representing consumer creditors for their utilization of the program.

As a matter of personal privilege…　

This past weekend, our state hosted the ABI Southeastern Workshop in Hilton Head. The program at this regional seminar is always very good, covers cutting edge topics and attracts many of the Southeast’s best bankruptcy lawyers and reorganization professionals. I am privileged to have served as the Judicial Chair for the last couple of years as I will next year.　

The seminar is usually held at the Ritz Carlton on Amelia’s Island, Florida, an outstanding venue. Whenever the seminar ventures elsewhere, the ABI expects a significant drop in attendance. So the SC members of the Advisory Board and I felt challenged. Our Board members, Christie Brimm, Jane Downey, Michael Weaver, Rory Whelehan, Dave Wheeler and Jody Bedenbaugh, did an amazing job of helping to plan the seminar and in reaching out to the SC Bar to participate. Add to that George Cauthen, who encouraged a record attendance by Nelson Mullins lawyers from across the country, and Bill McCarthy, who personally made calls to lawyers around the state to encourage attendance. I also understand that several firms joined in sponsoring the seminar (although I am shielded from that information).　

While the numbers are not final, I think we had 60 SC attendees- well beyond the usual 10 or so attendees- and the total attendance exceeded expectations. What’s more, our Bar was well represented in the program with presentations by Johnny Butler, Christie Brimm, Cynthia Lowery and Michael Beal- all of whom did an outstanding job!　

Thanks to all who attended, our state and Bar shined! I was very proud and appreciative. While the program was a great success, I was primarily reminded of the closeness and camaraderie of our Bar and how lucky I am to work with you each day.　

My sincere thanks to all of you who attended or otherwise supported the hosting of this seminar.

The Court has made two new CM/ECF events available for use in cases assigned to Judge Waites as well as updated one event currently in effect, which are available starting today, Monday April 17, 2017. These events eliminate the need for counsel to file a proposed orders in these matters.
 

• “Request for Settlement Order on Motion for Relief from Stay (Judge Waites)” – This CM/ECF event replaces the “Request for Settlement Order on Motion for Relief from Stay” for Judge Waites cases and incorporates most of the standard § 362 settlement orders included in the Chamber Guidelines. This event is a text event, similar to the “Certification of No Response and Request for 362 Default Order” in that it is only necessary for counsel to complete the inputs in CM/ECF, and a proposed order will be created based on that information. This event is not available for the 362 settlement order that resolves a motion through LM/MM (Exhibit N in Chamber Guidelines).
• “Affidavit of Default on 362 Settlement Order and Request for Order Granting Relief” – This CM/ECF event may be used in lieu of filing an affidavit of default and proposed order based on an ex parte relief provision of a § 362 settlement order. Upon the completion of this event and the uploading of affidavit of default on a § 362 settlement order and corresponding payment history (as limited under the recent changes to Chamber Guidelines), a proposed order granting relief will be created for the Judge’s consideration.
• “Loss Mitigation/Mediation” event under the “Motions/Applications” category in CM/ECF – Parties are no longer required to file a proposed order requiring LM/MM and a proposed order appointing LM/MM mediator when filing under this event. Upon the completion of the event and the uploading of a notice and motion for LM/MM, the proposed orders will be drafted based on the information entered by counsel.

The proposed orders generated by these events are in conformance with the standard orders listed in the “Judge Waites Local Forms” section of the Court’s webpage, which is available here.

Judge Waites has amended his Chambers Guidelines effective April 10, 2017. Click here for a copy of the amended Chamber Guidelines. The primary changes are to incorporate several of the recent procedure changes announced by Judge Waites on the News and Announcement section of the Court’s website, including updated Chapter 13 attorney’s fees guidelines, revised LM/MM guidelines, additional standard § 362 Settlement Orders, and procedures for valuation mediations. In addition, the amended guidelines change certain procedures for matters assigned to Judge Waites, including revising the deadline for filing joint statements of dispute in chapter 13 cases to two business days prior to the hearing.

A bar meeting in the Columbia and Charleston divisions will be held within the next several weeks to review and highlight the most important changes.

Judge Waites invites comments or suggestions to be directed to Andrew Powell by email to Andrew_Powell@scb.uscourts.gov on or before April 17, 2017.