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Chambers' Bulletins

Waiver of Credit Counseling and Financial Management
Tue, 10/29/2013 - 5:00 am

Debtors who are incapacitated, disabled or on active military duty in a combat zone may request a finding by the court that the debtor is unable to complete the requirements for pre-filing credit counseling (11 U.S.C. § 109(h)(1)) or an instructional course concerning personal financial management as a condition of discharge (11 U.S.C. §§ 727(a)(11), and 1328(g)(1)). The court has posted four form motions for use in requesting this relief pursuant to 11 U.S.C. 109(h)(4). A debtor may request:




  1. a waiver of both the credit counseling and debtor education requirements in a chapter 7 case with one motion;


  2. a waiver only of credit counseling in a chapter 13 case;


  3. a waiver only of financial management requirement later in a chapter 13 case; and


  4. a waiver of the financial management requirement in a chapter 7 case when credit counseling was not initially waived.

Beginning November 1, 2013, the debtor is responsible for selecting a passive notice hearing date, completing the form motion, serving all parties in interest, filing documentation of the condition as noted in the motion, and presenting a completed proposed order. A new CM/ECF event has been created for the filing of documentation in support of these motions (Restricted Documents in Support of Waiver of Credit Counseling or Financial Management) and these documents are available only to the trustee, United States trustee, and judge. Please do not use previous versions of these forms.

National Pro Bono Celebration
Mon, 10/21/2013 - 5:00 am

The American Bar Association has set aside the week of October 20 - 26, 2013 to recognize attorneys who represent those who cannot afford help with legal matters and to encourage those who have not yet taken up the cause of helping others. Our bench is especially appreciative of the efforts of the bar of our court to ensure that those most in need receive assistance with their bankruptcy cases. We celebrate the long tradition of the bankruptcy bar providing free legal assistance through organized efforts coordinated by the South Carolina Bar, Legal Services, and this court. The South Carolina Bankruptcy Law Association has recognized those extending exceptional efforts to assist with pro bono and promoted participation by its members. If you have taken one or more cases on a pro bono basis in 2013 or provided financial or law firm support toward these efforts, thank you. If you have not done so please consider the opportunity and promote equal access to justice.

David R. Duncan
Chief U. S. Bankruptcy Judge
District of South Carolina

Funding Lapse 2014
Fri, 9/27/2013 - 5:00 am

Many attorneys practicing before the Bankruptcy Court have expressed concern over the uncertainty that exists with regard to a possible government shut-down and the impact it will have on you and your clients, debtor and creditor alike. While we are no better positioned to predict the outcome of votes in Congress to fund the government, the Court does want to share both what we do know and our plans. Congress has not yet passed a budget or a continuing resolution (CR) for fiscal year 2014 (which begins October 1).  If Congress fails to enact a CR by October 1, 2013 most federal agencies will have to shut down - save for essential operations. The Judiciary, however, will continue to operate for an estimated 10 business days (through approximately October 15, 2013) using available funds.  There are certain limitations to these operations; but parties and litigants will notice little change.


After the 10-day period, if there is still no budget or CR, the Bankruptcy Court will operate under the Anti-Deficiency Act, which allows "essential work" to continue despite the lapse in appropriations. The clerk and judges are developing a plan should this become reality. In the event of a lapse in funds beyond October 15 the court will implement a plan to continue the “exercise of the judicial power of the United States” and dispose of matters that “preserve life or property.” The plan will provide for the staffing necessary to perform essential functions, including accepting new cases and proceedings for filing and hearing cases and controversies where essential to protect property.


The United States trustee will separately issue a statement concerning meetings of creditors and other functions of that office at the appropriate time. If asked, the Court will assist the United States trustee in disseminating the statement.


David R. Duncan


Chief Judge

Compliance with Local Rule Service and Notice Requirements
Thu, 9/26/2013 - 5:00 am

The Judges have noticed that some parties are not serving documents and notices as required by the Local Rules. The September 1 amendments to the local rules delegated the service of several orders and notices to designated parties. For delegated matters, the Court has begun adding the following docket text:





Notice and service of this event are delegated pursuant to SC LBR 5075-1

In other instances specified under SC LBR 5075-1, but where this language does not yet appear in the docket text, the Court has not yet completed the necessary technical changes to CM/ECF to implement the change to the rule. Attorneys should, in the interim, verify that the Court has made service but are not yet required to serve the delegated matter. As the technical changes are made to each event the noted docket text will be added to highlight the need for service by the delegated party. When an attorney serves a delegated matter, a certificate of service should be promptly filed pursuant to SC LBR 9013-3. A Notice of Electronic Filing may be attached to the certificate of service as proof of service on those parties who receive notice electronically through CM/ECF.
Local Rule and Chambers Guidelines Changes
Fri, 8/30/2013 - 5:00 am

The announced revisions to the local rules will become effective September 1, 2013. With the local rule changes, revisions have been made to the Chambers' Guidelines of all judges. Several operating orders and administrative orders have been abolished as a result of being incorporated in the local rules and the Guidelines for the Filing of Documents has been revised. Revisions to the Court's calendars have been made to reflect the availability of new self-scheduled matters pursuant to SC LBR 9013-4. Additional matters may be approved for self-scheduling in the coming weeks. The Court has also implemented a new interface to allow for parties in interest to file a claim or related documents without a CM/ECF password. Creditors are encouraged to use the new interface rather than submit paper claims.

Clerk of Court
Wed, 8/21/2013 - 5:00 am

Laura Austin has been selected to serve as Clerk of Court effective September 9, 2013. Ms. Austin is currently the Director of Operations for the Bankruptcy Court in Delaware and she previously served as a staff attorney for District Courts in the Middle District of Florida and the Northern District of West Virginia. Jeff Davis will resume his duties as Chief Deputy Clerk of Court with the thanks of the judges for his service  as Acting Clerk of Court. The judges know that you will join us in welcoming Ms. Austin as she assumes her new duties.

Local Rule Changes
Tue, 8/06/2013 - 5:00 am

After considering comments made by the Bar and the Local Rules Committee, revisions to the local rules have been made and will be effective September 1, 2013. The amendments incorporate many provisions presently found in various Operating Orders and Chambers Guidelines and signal necessary cost savings measures for the Clerk's Office and the Judiciary. Notes regarding the changes are appended to the amended rules. Amendments of note include:


1. Rules 4004-1, 6004-1, 6007-1, and 9013-4 were substantially revised to consolidate the procedures for self-scheduled matters.


2. Rule 9013-4 was amended to add matters to the passive list and create a new category of self-scheduled matters that may be self-scheduled by movants.


3. Rule 2091-1 was amended to add paragraph (b) to reflect that an attorney can withdraw from receiving notices in a case after the attorney's interest in the case has ended. A new CM/ECF event entitled "Attorney Withdrawal from Notice" will be available September 1 to effectuate the withdrawal.


4. Rule 3001-1 was added to recognize the Court's new electronic claim interface known as "ePOC." ePOC will be available by September 1 and may be used to submit claims and related documents without a CM/ECF login and password.


5. Rule 4003-2 was amended to provide a procedure for chapter 13 debtors to obtain a specific order avoiding a lien once the chapter 13 plan payments have been completed and a discharge issued.


6. Rule 5075-1 was added to delegate notice of certain notices and orders to specified parties.


7. Rule 9013-1 was amended. New paragraph (d) was added to include portions of the Chambers Guidelines and a new CM/ECF event "Request for Scheduling Order" was created to allow litigants to request the entry of a scheduling order. Paragraph (e) was added to allow the Clerk's Office to strike matters not properly scheduled, docketed, or noticed without the issuance of a deficiency notice or further order.


8. Rule 9033-1 was added to provide a procedure for transmittal of proposed findings of fact and conclusions of law to the United States District Court.


9. Rule 9036-1 was added to incorporate provisions of the Chambers Guidelines and add provisions directing debtors and creditors to register for electronic notice with the Bankruptcy Noticing Center.


The judges will release revised Chambers Guidelines before September 1. Jeff Davis will review the local rule changes with the Bar on August 8 at 10:30 a.m. in Charleston, on August 15 at 2:00 p.m. in Columbia and that evening at the Bankla monthly meeting, and on August 22 at 2:00 p.m. in Spartanburg. The judges wish to thank the Bar and the Local Rules Committee for their comments and work on the revisions.

Spartanburg Phone Service
Thu, 7/11/2013 - 5:00 am

The phone lines in Spartanburg are now functional.

Spartanburg Phone Service
Tue, 7/09/2013 - 5:00 am

Phone service to Spartanburg is down due to thunderstorms. Communication with chambers or clerk's staff in Spartanburg should be made by e-mail until further notice or communication may be made with staff in Columbia.

Paralegal and Support Staff Meeting: Judge Waites Cases
Fri, 6/21/2013 - 5:00 am

Judge Waites invites paralegals and other support staff of the Charleston and Columbia  Bar to a follow-up meeting on Wednesday, July 10, 2013 at 2:15 p.m.  to further discuss best practices and topics of interest to practitioners. The Judge, his law clerks and members of Judge Waites' case administration and courtroom staff will be available for questions and will discuss issues associated with case administration. The meeting will be held in Charleston at 145 King Street, Rm 225 and in Columbia at the J. Bratton Davis United States Bankruptcy Courthouse in the second floor courtroom and joined by video conference.    If interested in attending, please RSVP by sending an email to Agnes_Babb@scb.uscourts.gov or Pam_Miranda@scb.uscourts.gov on or before 5:00 p.m. on July 5, 2013. In order to better serve your needs, we ask that each attendee submit in advance a few questions and any suggestions for topics to the above email addresses by the same deadline.
(Due to recent changes in case assignment, Judge Waites will not regularly receive newly filed Spartanburg/Greenville cases, but welcomes paralegals and support staff from that division to participate in this meeting if they would like.)

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