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Chambers' Bulletins

Fri, 5/15/2015 - 5:00 am

A new event has been created for attorneys to request supplemental fees in chapter 13 cases for the Loss Mitigation and Mortgage Modification process described in Operating Order 15-01. The event "App For Suppl Ch 13 Atty Fees Loss Mitigation/Loan Modification" is found under the "Motions/Applications" menu. The event should only be used as part of this process whereby the debtor uses the loss mitigation portal. All other fee requests for loss mitigation should be submitted through other supplemental fee events.


Thu, 5/14/2015 - 5:00 am

On behalf of the Judges and Clerk of the Bankruptcy Court, thank you to the South Carolina Bankruptcy Law Association, its members and other attendees at the 25th Annual Meeting for the hospitality, social interaction and excellent educational opportunities.


The Bankruptcy Court is pleased to recognize the Association’s award recipients:


J. Bratton Davis Professionalism Award
W. Ryan Hovis


The nomination and statements by Judge Duncan in presenting the award include: Ryan, appointed by Judge Davis as a chapter 7 trustee in Bankruptcy Act cases and a panel trustee for Bankruptcy Code cases from 1978 to 2014, certainly satisfies the five requirements for consideration of the award. He is civil to just shy of a fault; respectful, without being a pushover; he treats all parties with integrity, respect and fairness. Ryan is responsible for litigating or pursing many of the precedent setting bankruptcy decisions in South Carolina and argued novel theories to recover significant assets for creditors. The nomination, from a debtor’s counsel, summed up Ryan’s qualifications as follows: “he was known as a trustee as one who would be fair to debtors, he also somehow managed to recover significant sums for creditors, not at the expense of beating debtors for every last dime.” [H]e set “an example of how a trustee should carry himself.” Ryan was a mentor and source of information for many young bankruptcy attorneys and for those who sought his advice on matters that were novel to them but which he regularly saw in his practice.


William E. S. Robinson Public Service Award
Susie Ingles


The nomination and statements by Judge Waites in presenting the award include: In Susie's everyday service as an attorney for SC Legal Service she demonstrates dedication to the delivery of legal services to the poor. She helped set up the legal clinics (foreclosure Friday clinics) we provide at the bankruptcy court and has established systems to expedite the referral of qualifying pro se filers to SC Legal Services for representation. Recent projects include setting up an online, group setting financial management session for low income and computer deficient debtors in the upstate to meet the case closing requirement in cases. For SC Legal services she has received over $90,000 in grants from the American Bankruptcy College and used the funds to produce helpful videos on bankruptcy and housing, student loans and domestic issues- among other things.
As a member of the recent student loan debt project, she initiated the relationship with American Student Assistance which will allow free student loan management advice for any SC resident and she helped establish the new pro.net web site to serve as the home for the updated CARE program in SC.
She was nominated by her peers at SC Legal Services and others for the award.


David R. Duncan, Chief Judge
For the Court


Tue, 5/12/2015 - 5:00 am

Judge Waites is currently accepting applications for a term law clerk position in Charleston beginning on or about August 1, 2015. Please click here to view the vacancy announcement.


Upon the completion of her clerkship this summer, Kayce Seifert will join the FDIC as an Honors Attorney in Washington, D.C.


Thu, 5/07/2015 - 5:00 am

In connection with the Court's previous Announcement on Court Initiatives, please see the attached press release issued today regarding South Carolina Legal Services' partnership with American Student Assistance to provide free guidance to South Carolina residents, including debtors before this Court, who are experiencing difficulty managing their student loan debt.


Tue, 5/05/2015 - 5:00 am

The U.S. Bankruptcy Court for the District of South Carolina, in conjunction with working groups comprised of Judge Waites and members of the bankruptcy bar, is pleased to announce the results of two initiatives begun in October of 2014 involving its financial literacy outreach program, CARE, and its Student Loan Debt project. Please click here to view the announcement. The announcement references certain publications prepared by the Student Loan Debt working group, including the Student Loan Debt Primer and a Student Loan Flowchart, which can be viewed by clicking on the title of each publication and will be made available on the Court's website in the near future.


Tue, 5/05/2015 - 5:00 am

The Judges of the Court would like to thank the members of the CARE working group: Jane Downey, Marilyn Gartley, Janet Haigler, Susie Ingles, Kathleen Muthig, Lauren Schumann, Bill Short, Pamela Simmons-Beasley, and Dan Stone, and especially express their appreciation to the Board and members of the South Carolina Bankruptcy Law Association for its adoption of the program as its public service initiative.


Thu, 4/09/2015 - 5:00 am

Based upon the comments received from the Bar, Judge Waites' Chambers Guidelines regarding Loss Mitigation/Mortgage Modification have been revised. Click here to review the changes to the procedures and forms, which are effective April 20, 2015. Highlights of the Portal Program and a brief summary of the Portal process are also provided in the attached document. Please note that the Loss Mitigation/Mortgage Modification forms have been slightly modified and you should update your forms accordingly. To assist the Bar, a Word version of the new forms may be requested by e-mail to Sarah_Kistler@scb.uscourts.gov.


Wed, 3/25/2015 - 5:00 am

Judge Waites has amended his Chambers Guidelines regarding Loss Mitigation/Mortgage Modification Procedures based upon comments from the Trustees and members of the Bar. Click here for a copy of the changes.


The primary changes, which shall be effective April 10, 2015, include requiring the use of the Portal as the exclusive means of seeking loss mitigation/mortgage modification in his cases (absent order otherwise) and setting forth several methods of payment of attorney’s fees for counsel assisting in loss mitigation/mortgage modification efforts.


Judge Waites invites comments or suggestions to be directed to Sarah Kistler by email to Sarah_Kistler@scb.uscourts.gov on or before April 6, 2015.


A further training session on the use of the Portal has been arranged by members of the Debtors’ Bar for March 30, 2015 in Columbia. Interested parties should contact Michael Cox by email to michael@michaeljcoxlaw.com


Thu, 1/22/2015 - 4:00 am

Please welcome Lauren Maxwell back to the Court. Lauren is a graduate of the University of North Carolina (JD 2010) and Clemson University (BA 2007). After law school, Lauren clerked for Judge Burris and then practiced law in Greenville with a focus on bankruptcy and litigation. This week, she returns to Spartanburg as Judge Burris' permanent law clerk, joining law clerk Kate Hendricks. Kate is a graduate of Charleston School of Law (JD 2013) and Wofford College (BA 2010). Kate previously clerked in the state circuit court for the Honorable J.C. Nicholson, Jr., in Charleston. Kate joined Judge Burris' chambers staff in August of 2014. Kate can be reached at (864) 591-5315 and Lauren at (864) 591-5324.


Thu, 1/15/2015 - 4:00 am


The Court has appointed new members to the Advisory Committee on Local Rules and Practice and the Chapter 13 Interest Rate Committee. Please see the attached administrative orders for the list of new members. Joe Mitchell will serve as chair of the Local Rules Committee and Gretchen Holland will serve as chair of the Chapter 13 Interest Rate Committee. Thank you to all who volunteered to participate on these committees.


With these new appointments, the Court thanks the outgoing members of these committees for their dedication and service.


Local Rules Committee:


Lex Rogerson
Bill Short

Daniel Reynolds

Elisabetta Gasparini

Janet Haigler


Chapter 13 Interest Rate Committee:

Lydia Eloff

Daniel Stone

Jane Downey

Colleen Brunson

Keith Poston

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