Judge Waites is forming a list of mediators for consumer cases, including mortgage modification issues, and is seeking attorneys interested in serving as mediators in these cases. If you are interested in being included on the mediator list, please complete the attached form and return it by e-mail to Sarah_Kistler@scb.uscourts.gov.
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Chambers' Bulletins
Mon, 9/15/2014 - 5:00 am
Judge Burris is pleased to welcome Kate Hendricks as a second law clerk in her chambers. Kate is a 2010 graduate of Wofford College and a 2013 graduate of the Charleston School of Law. She recently completed a one year clerkship with the Honorable J.C. Nicholson, Jr. of the South Carolina Circuit Court. Chambers contact information has been updated and can be found here.
Thu, 9/11/2014 - 5:00 am
Counsel for a moving party is reminded to consider Rule 9006(f) in computing the time before an affidavit of default, certification of no response, or similar pleading is filed in a case or proceeding in Bankruptcy Court. For example, counsel should not request or propose an order for relief from stay when service was made by mail and no response is made until the 18th day at the earliest. CMECF computes the earliest "last day for response" and it is counsel's responsibility, knowing how service was made, to wait the appropriate time before certifying the absence of a response.
Fri, 9/05/2014 - 5:00 am
Following a period for comment, Judge Waites has approved the following non-standard language, which may be included in the Chapter 13 plan at the debtor's option to address payment of postpetition mortgage fees, expenses and charges allowed under Fed. R. Bankr. P. 3002.1:
"Unless otherwise ordered, fees, expenses, and charges allowed pursuant to Fed. R. Bankr. P. 3002.1(c) or (e) shall be paid by the Trustee through the chapter 13 plan if timely included in the secured creditor's allowed proof of claim or amended proof of claim."
In order to give the Trustee sufficient time to pay approved Rule 3002.1 amounts, parties are advised to act promptly in the filing of the notice and any objection.
Thu, 8/21/2014 - 5:00 am
Postpetition mortgage fees, expenses and charges allowed under Fed. R. Bankr. P. 3002.1 in Chapter 13 cases, including those relating to the review of the Chapter 13 plan and the filing of a proof of claim, typically occur early in the case.
Rule 3002.1 does not indicate when and how such allowed fees and charges are to be paid by the debtor. In order to provide consistency and ensure the debtor can be current at the end of the bankruptcy case, Judge Waites is considering allowing the following approved, nonstandard language, which could be included in the Chapter 13 plan at the debtor's option:
"Unless otherwise ordered, fees, expenses, and charges allowed pursuant to Fed. R. Bankr. P. 3002.1(c) or (e) shall be paid by the Trustee thought the chapter 13 plan if timely included in the secured creditor's allowed proof of claim or amended proof of claim."
Before implementing this procedure, Judge Waites would appreciate receiving suggestions or comments from the bar on this proposed language. Please submit your suggestions/comments to Sarah Kistler at Sarah_Kistler@scb.uscourts.gov as soon as possible and by no later than August 29, 2014
Fri, 8/15/2014 - 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://news.uscourts.gov/2013-report-shows-fewer-debtor-assets-more-repeat-bankruptcy-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.
Mon, 7/28/2014 - 5:00 am
Free training on use of the portal and the home mortgage modification process set forth in Judge Waites' Chambers Guidelines will be provided by the portal provider DMM and held by Webex on August 4, 2014 at 1:00 p.m. You can receive the training from your office by registering at https://attendee.gotowebinar.com/register/2670068690624138754 A confirmation email will follow your registration that will provide a link to view the training from your PC and details on how to participate in the training by telephone. The training will also be taped and a link will be provided in the future to view the training. Please contact Sarah Kistler at Sarah_Kistler@scb.uscourts.gov if you have any questions.
Mon, 7/14/2014 - 5:00 am
As a result of comments received from the bar and other parties, Judge Waites’ Chambers Guidelines implementing procedures for Home Mortgage Modification have been revised. Click here to view the changes.
The Loss Mitigation/Mediation Program has been added to facilitate communication between Debtors and certain Home Mortgage Creditors, who are familiar with and experienced in the use of the online portal process due to their participation in similar programs in other districts. The Program may be used both before and after confirmation.
Standard Chapter 13 plan language is provided to expedite confirmation of plans in which home mortgage modification is requested, including instances where the Loss Mitigation/Mediation procedures are ongoing at the time of confirmation.
The conclusion of all Loss Mitigation/Mortgage Modification efforts should be reported to the Court; if successful, by way of a Consent Order Allowing Mortgage Loan Modification (CM/ECF event) or, if ongoing or unsuccessful, by way of Mortgage Loan Modification Report (CM/ECF event).
A Consent Order Allowing Mortgage Loan Modification should be submitted to finalize mortgage modification whether or not the Loss Mitigation/Mediation Program is not used and even if mortgage modification is not provided for in the Chapter 13 plan.
Training:
Training on the online portal presently approved is available from Default Mitigation Management, LLC.
Contingent upon interest, training for the Loss Mitigation/Mediation Program procedures and portal described in the Chambers Guidelines will be offered in coming weeks in Columbia and by video conference in Charleston. If you are interested in attending, please email Jeff Davis at jeff_davis@scb.uscourts.gov and provide the number of staff in your office who may attend the training.
Further Comments:
As these procedures are implemented, the bar should report problems, questions or suggestions to Jeff Davis at the e-mail address above.
Mon, 6/23/2014 - 5:00 am
Judge Waites has amended his Chambers Guidelines to establish a Loss Mitigation/Mediation Program to assist in resolving home mortgage issues in bankruptcy cases assigned to him through consensual mortgage modification.
The procedures are similar to those used in other districts which report great success, and are described in the attachment.
An additional no look fee of $1000 is authorized as compensation for Debtor’s counsel who provide the services described in the Program. Further information and training on these procedures is anticipated and will be announced.
As a result of the implementation of this Program, the Chambers Guidelines have also been changed regarding Mortgage Modification via Chapter 13 Plan and Consent Order.
While these procedures are effective immediately, the judge invites comments or questions to be sent to Sarah_Kistler@scb.uscourts.gov no later than July 7, 2014.
These procedures apply solely to cases assigned to Judge Waites.
Mon, 5/05/2014 - 5:00 am
Thank you to the South Carolina Bankruptcy Law Association, its members, and others in attendance for the hospitality shown the judges, clerk and other court staff at the annual meeting. The speakers and seminar topics were top notch. The opportunity to socialize promotes collegiality in our bar and we enjoy your company.
John B. Butler III was recognized with the William E. S. (Billy) Robinson Public Service Award. Noting his many contributions to streamlining bankruptcy practice, his pro bono work and his penchant for sharing research with others engaged in pro bono efforts; those nominating Johnny highlighted his efforts on behalf of Project Healing Waters, an organization which dedicates itself to the physical and emotional rehabilitation of disabled military and service personnel. Also noted was Johnny’s conservation minded efforts with fisheries. Johnny is a frequent author and lecturer on bankruptcy law.
Judge John E. Waites was recognized with the J. Bratton Davis Professionalism Award. Ten lawyers joined in nominating John, noting his integrity, devotion to legal scholarship, civility, unfailing professionalism, and impressive contributions and improvements to the legal profession. Highlighting both his local efforts to improve bankruptcy practice while preserving civility and collegiality in our bar and his national committee work on behalf of the judiciary; the nominating petition focused also on John’s efforts to promote equal access to justice and his untiring efforts to promote pro bono and legal services initiatives.
Congratulations to these fine and deserving individuals on the Association’s recognition of their achievements and contributions.
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