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Chambers' Bulletins

Judge Waites - Amended Chambers Guidelines
Tue, 11/10/2015 - 4:00 am

The Portal, as a tool to facilitate LM/MM, was introduced in Judge Waites' cases on June 23, 2014 and indicated as the preferred procedure in January of 2015. It has been used in over 350 cases. South Carolina Debtors' counsel who have used the Portal extensively have reported success rates of over 70%, with success being defined as an offer and approval of a trial period plan opportunity for the debtor(s). According to statistics published by HAMP, the national success rate for modification programs is 45%. Therefore, Judge Waites continues to endorse the Portal in his cases and offers the following modifications to make the process more efficient.


Following a period for comment, Judge Waites has amended his Chambers Guidelines regarding Loss Mitigation/Mortgage Modification for cases assigned to him. The revised Guidelines and downloadable forms in Word format are available on the Court's website at http://www.scb.uscourts.gov/ChambersJW.htm. For the convenience of the Bar, the remaining exhibits to Chambers Guidelines are also now available as downloadable forms in Word format, including the stay relief forms and a new form order granting motion to substitute collateral or use insurance proceeds.


The revised Guidelines also reference several new CM/ECF events to facilitate the filing of documents related to the Loss Mitigation/Mortgage Modification ("LM/MM") procedures:


1. Proposed Consent Order Requiring LM/MM (No Motion Filed)
2. Proposed Order Approving Trial Period Plan
3. Proposed Consent Order Approving LM/MM
4. Request for Appointment of Mediator
5. Limited Notice of Appearance for LM/MM & Request for Notice


Judge Waites encourages the Bar to begin using the new Loss Mitigation/Mortgage Modification procedures, events, and forms immediately to expedite consideration of these matters. The revised Guidelines and use of the new forms and events will be required December 1, 2015.

Request for Comment
Fri, 11/06/2015 - 4:00 am

The judges concur with the Local Rules Committee recommendations for certain Local Rule amendments. These proposals are attached. The judges invite comment to scbc_lr_review@scb.uscourts.gov on or before November 20, 2015. These rules, in the absence of negative public comment and withdrawal or revision by the judges, will be effective December 1, 2015.


Link here to open the package.


The judges continue to study other proposals for amendment to the local rules and are seeking comment from various court constituencies. Additional amendments to the rules, if concurred with by the judges after further study, may be made available for public comment at a later time.

Upcoming Consumer Bankruptcy Seminar
Wed, 11/04/2015 - 4:00 am

The South Carolina Bar is conducting a seminar on Litigation and Innovation in Consumer Bankruptcy Cases on November 20, 2015 in Columbia, by video from Charleston and Greenville, and by live webcast. To view the program agenda and register, visit http://www.scbar.org/Events/vw/3/ItemID/2104/d/20151120.


Judge Waites will serve as the moderator of the program and encourages members of the Bankruptcy Bar who represent parties, whether debtor or creditor, to attend.


The seminar has been designed to highlight best practices in litigation, innovative approaches in consumer practice and hot topics in case law, and the materials for the seminar include helpful checklists and forms.


Don't be left behind - Register today! Registration by November 6, 2015 provides an "early bird" discount.

Bankruptcy Filing Statistics for Fiscal Year 2015
Fri, 10/30/2015 - 5:00 am

The Administrative Office of the United States Courts has released bankruptcy filing statistics for Fiscal Year 2015. Overall, bankruptcy filings are down 11 percent from FY 2014. This is the lowest number of bankruptcy filings for any 12 month period since 2007, and the fifth consecutive fiscal year filings have fallen. Filings in the Fourth Circuit fell from 73,603 in FY 2014 to 67,954 in FY 2015, a 7.7 percent decrease. Filings in South Carolina fell by 5.9 percent. In South Carolina, a total of 7,080 bankruptcies were filed: 2,828 under chapter 7, 30 under chapter 11, zero under chapter 12, and 4,222 under chapter 13. South Carolina and the Eastern and Middle Districts of North Carolina were the only districts in the Fourth Circuit with more filings under chapter 13 than chapter 7. The full report and statistical tables are available here.

Celebrating Pro Bono Week
Mon, 10/26/2015 - 5:00 am

In recognition of Pro Bono Week, the Judges of the United States Bankruptcy Court would like to thank the many members of the South Carolina Bar who selflessly volunteer to help the public in matters related to the work of our Court by participating in the following programs:


Ask-A-Lawyer
C.A.R.E. Program of South Carolina
SC Bar Clinics (Charleston & Columbia)
Student Loan Debt Working Group
Judge Waites' Debtor Assistance Program.


The volunteers are listed here.


In addition, the Judges would like to thank South Carolina Legal Services and the South Carolina Bar, whose partnership with the Court makes many of these programs possible, as well as recognize those bankruptcy attorneys who participate in South Carolina Bar sponsored programs such as S.C. Bar Pro Bono Program and SC Law Answers.

Law Clerk Vacancy in Columbia- Judge Duncan
Thu, 10/01/2015 - 5:00 am

With the pending retirement of Judge Duncan's longtime judicial assistant, Jacque Phillips, Judge Duncan is accepting applications for a second law clerk. The position will be located in Columbia and will begin on or about January 1, 2016. The position and application procedure can be found here.

Law Clerk for Judge Waites - Charleston Chambers
Wed, 9/02/2015 - 5:00 am

Andrew Powell joined Judge Waites' Charleston chambers in August of 2015. Andrew will be primarily assisting Judge Waites with his Charleston division cases and can be reached at 843-619-4995 or by email to Andrew_Powell@scb.uscourts.gov. Please join us in welcoming him to the Court.

Judge Duncan - Amended Chambers Guidelines
Thu, 8/20/2015 - 5:00 am

Judge Duncan’s chambers guidelines have undergone a minor change. Starting September 1, hearing notes for chapter 13 matters will now be posted on 13Network.com rather than emailed to attorneys. Please contact the office of the chapter 13 trustee if you need access to or have any questions regarding 13Network.com.

Annual Report of Bankruptcy Case Filings Nationwide
Fri, 7/24/2015 - 5:00 am

The Administrative Office for United States Courts issues an annual report compiled from statistics collected by the Clerks of Court of the Bankruptcy Courts in bankruptcy cases filed around the nation. The report is required by the 2005 Reform Act and it reflects information garnered from consumer cases. You can find the full report and statistical tables at http://www.uscourts.gov/news/2015/07/21/2014-report-shows-fewer-debtors-filing-bankruptcy-more-repeat-filers. A summary of the report and a comparison of South Carolina’s data to the rest of the 4th Circuit and the nation can be found here.

Law Clerk for Judge Waites
Wed, 7/15/2015 - 5:00 am

Judge Waites and his Court team thank Kayce Seifert for her excellent service as his law clerk in Charleston Chambers. Kayce leaves the Court on July 31st to join the FDIC Legal Division in Washington, D.C. as an Honors Attorney. Kayce has done a great job and will be missed. We wish her the best in her new endeavor.


Judge Waites is pleased to announce that Andrew Powell will join his chambers as law clerk in Charleston beginning August 3rd. Andrew is a 2011 honors graduate of the University of South Carolina School of Law and formerly practiced bankruptcy law as a supervising attorney at the Scott & Corley, P.A. law firm. We look forward to working with Andrew and welcome him to the Court.

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