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Chambers' Bulletins

Judge Waites

Thu, 9/03/2020 - 3:28 pm

Judge Waites’ chambers has produced guidelines to assist counsel in effectively raising objections to claim under the requirements of the Bankruptcy Code, Rules and applicable case law. The guidelines are available here. The guidelines apply only to the cases assigned to Judge Waites.


Thu, 5/07/2020 - 11:37 am

Guidelines on Post-Petition Payments of Arrearage and Fees in Chapter 13 Cases (Judge Waites)

Judge Waites’ chambers has produced guidelines to assist counsel in considering a debtor’s options in the payment of post-petition arrearage and the payment of post-petition fees, charges and expenses under Fed. R. Bankr. P. 3002.1. The guidelines are available here. The guidelines have been reviewed and approved by Trustees Wyman and Stephenson and apply only to the chapter 13 cases assigned to Judge Waites.

Revised Form 362 Settlement Orders

Due to court-wide sunset of standard language in stay relief orders and due to the recent public health crisis, Judge Waites has updated the form 362 settlement orders which will allow for expedited consideration without a hearing. Copies of the form 362 settlement orders in Microsoft Word format are available here.


Mon, 4/27/2020 - 2:49 pm

During the COVID 19 public health crisis and based on the extension of the provisions limiting in-person hearings provided by Operating Order 20-03, the majority of hearings in cases assigned to Judge Waites will be held by teleconference. Contested hearings that require significant time for the presentation of argument, testimony and documentary evidence will be held by videoconference with all the participating counsel appearing in that fashion.

In order to provide the necessary support for these remote appearances by counsel and parties, the Court must know the status of matters scheduled for hearing as early as possible. Therefore, effective May 1, 2020, the deadline for filing of Joint or Separate Statements of Dispute and requests for continuances, settlements or withdrawals shall be 10:00 am, three (3) business days prior to the date of the hearing unless otherwise ordered by the Court.

Further, in order to avoid delay and complications on the day of the scheduled hearing, matters designated to be held by videoconference will require a test of the videoconference system in advance of the hearing  to be attended by all counsel, witnesses and parties intending to appear at the scheduled hearing. The Courtroom Deputy will schedule the videoconference test and will notify counsel of the deadline for the presentation of exhibits at these contested hearings.

Furthermore, counsel and parties planning to attend hearings by telephone shall advise the Courtroom Deputy no later than one (1) business day prior to the hearing and call in ten (10) minutes before the scheduled start of the hearings.

The failure to timely file a joint or separate statement of dispute, to otherwise timely respond to Chambers’ request for a status update, to participate in the videoconference testing, or timely submit exhibits may be considered a failure to prosecute the parties’ positions resulting in the ex parte denial of relief or position requested by that party.

Any questions regarding these matters may be addressed by email to Courtroom Deputy Nicole Stalvey (Nicole_Stalvey@scb.uscourts.gov), and Judge Waites’ law clerks, Andrew Powell (Andrew_Powell@scb.uscourts.gov), and Sarah Kistler (Sarah_Kistler@scb.uscourts.gov).


Fri, 3/27/2020 - 12:22 pm

After consultation with Chapter 13 Trustee Jimmy Wyman, the chapter 13 hearings scheduled for April 2, 2020 and April 16, 2020 in cases assigned to Judge Waites in the Charleston Division have been continued to April 30, 2020 (with confirmation matters scheduled for 10:00 AM and section 362 motions scheduled for 11:00 AM that day).  A copy of this global order of continuance is attached to this announcement.  

This continuance order applies only to chapter 13 cases before Judge Waites in the Charleston Division.  This continuance order does not apply to hearings: (1) before the other Bankruptcy Judges (including Judge Duncan’s chapter 13 hearings scheduled in the Charleston Division), (2) in chapter 13 cases assigned to Judge Waites in the Columbia Division, or (3) in cases assigned to Judge Waites in all other chapters of the Bankruptcy Code (including those matters in the Charleston Division).

Any questions regarding this continuance order should be sent to Andrew Powell (Andrew_Powell@scb.uscourts.gov) and Sarah Kistler (Sarah_Kistler@scb.uscourts.gov) by email.


Fri, 3/20/2020 - 10:58 am

Please be reminded that Judge Waites’ hearings for next week (scheduled for March 24, 25, and 26, 2020) remain on the docket as scheduled. Judge Waites will be liberally granting requests to appear by telephone/video conference at these hearings.

Pursuant to Judge Waites’ announcement on Wednesday, March 18, 2020, which is available here, those seeking to appear by telephone/video conference at next week’s hearing should, after consulting with opposing counsel/parties, contact the following people to make this request:

When requesting to appear by telephone/video conference, please advise of the following information:

  • That you have consulted with the opposing parties/counsel and that there is no objection to appearing by telephone/video conference;
  • That the matter is not contested or is contested but requires only argument and/or stipulated exhibits; and
  • That you will not be examining/cross-examining any witnesses or presenting any unstipulated exhibits at the hearing.

In contested matters involving the presentation of testimony and/or unstipulated exhibits, counsel/parties should contact the following people well in advance of the hearing in order to determine any possible changes in the scheduling or manner of the contested hearing:

Any questions by counsel should be addressed to Andrew Powell (Andrew_Powell@scb.uscourts.gov) and Sarah Kistler (Sarah_Kistler@scb.uscourts.gov).


Judge Burris

Fri, 8/21/2020 - 9:32 am

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.

Marshall Bozeman will join the court as Judge Burris’ new term law clerk in Spartanburg.  A native of Greenville, Marshall is a 2017 graduate of Columbia University and 2020 graduate of USC School of Law.  Marshall previously interned at the Executive Office of the U.S. Trustee in Washington, D.C.  He will begin his term on Monday, August 24th. Welcome Marshall!


Fri, 5/22/2020 - 11:28 am

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.


Fri, 3/20/2020 - 12:19 pm

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.


On Behalf of the Court

Wed, 5/27/2020 - 9:44 am

It is with great sadness that the Judges learned of the passing of W. Ryan Hovis, a retired bankruptcy practitioner and chapter 7 trustee from Rock Hill, S.C., on May 26, 2020. A graduate of Clemson University and the University of South Carolina School of Law, Ryan was a Navy veteran, working with early computer programs and systems under the command of Admiral Grace Hopper, the developer of the COBOL programming language. Ryan was a member of the United States Patent Bar and he served as a chapter 7 trustee in cases under the Bankruptcy Act. Judge Davis appointed Ryan as one of the original five members of the panel of chapter 7 trustees at the time of the effective date of the Bankruptcy Code on October 1, 1979. Ryan served on the panel until his retirement in 2014. He was responsible for litigating many precedent setting matters before the Bankruptcy and District Court along with the Court of Appeals. Ryan was awarded the J. Bratton Davis Professionalism Award by the South Carolina Bankruptcy Law Association in 2015. He was interviewed for the South Carolina Bar oral history project in late 2019 and a transcript of that interview is available here.


Judge Duncan

Mon, 4/27/2020 - 1:04 pm

Judge Duncan is pleased to welcome his new law clerk, Lucas Fautua.  Lucas joined Judge Duncan's chambers on April 13.  A native of Norfolk, Virginia, Lucas is a 2016 graduate of North Carolina State University and a 2019 graduate of University of South Carolina School of Law.  Prior to joining Judge Duncan's chambers, Lucas worked at a small firm in Norfolk, Virginia representing debtors in chapter 7, 11, and 13 cases.


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