Judge Waites has made Calendar Changes for his Docket in the Charleston Division beginning in March, 2008. A second day of court each month has been added and the Chapter 13 docket split into separate consent/ dispute days. Effective immediately, counsel should schedule Chapter 13 matters on the appropriate consent or dispute calendar as designated by Chambers Guidelines. However, to allow for the transition, dispute matters which have already been noticed or scheduled for March 20, 2008 will continue to be heard on that date. Both the Passive Notice and 362 calendars published by the Clerk's office will indicate the new dates.
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Chambers' Bulletins
Fri, 2/08/2008 - 4:00 am
Thu, 1/31/2008 - 4:00 am
The Court seeks bankruptcy practitioners who are interested in serving on the Chapter 13 Interest Rate Committee. Members of this Committee are appointed by operating order to assist the Court in determining the current fair market interest rate to be applied in Chapter 13 cases. The Committee's members serve two-year terms and are comprised of trustees and practitioners who represent both debtors and creditors. The most recent members of this Committee included:
Joy S. Goodwin
Gretchen D. Holland
Wm. Keenan Stephenson, Jr.
James M. Wyman
Doug Wedge
Michael Cox
Wendy Freeman
Weyman Carter
Dalton Watkins
Jason Moss
Please advise the Court of your willingness to serve on the Committee for a two-year term beginning March 1, 2008 by email to waites_chambers@scb.uscourts.gov on or before February 11, 2008
Thu, 1/31/2008 - 4:00 am
The following type of contested matter has been moved from the Chapter 13 consent calendar to the dispute calendar. Counsel should refer to the updated Chambers Guidelines.
Motions for Hardship Discharge (11 U.S.C. § 1328(b))
Request for a Hardship Discharge (BAPCPA) pursuant to SC LBR 3015-1(k)
(See Exhibits I and J)
Motions for Hardship Discharge (11 U.S.C. § 1328(b))
Request for a Hardship Discharge (BAPCPA) pursuant to SC LBR 3015-1(k)
(See Exhibits I and J)
Fri, 1/25/2008 - 4:00 am
In order to complete the redesignation of counties to the Spartanburg Division, hearings with respect to cases filed in York County (Spartanburg Division) will be heard in Spartanburg beginning April 1, 2008. By Judges' Corner announcement dated July 27, 2007, the Court permitted hearings regarding cases filed after August 1, 2007 in York County to continue to be heard in Columbia on a temporary basis, despite York County's redesignation as part of the Spartanburg division, to assist in the transition. Cases filed prior to August 1, 2007 remain Columbia Division cases and will continue to be scheduled accordingly.
The location for section 341 meetings for York County cases will be determined by the UST.
Tue, 1/15/2008 - 4:00 am
The next session for Ask-A-Lawyer is planned for February 7, 2008 between 2:00 p.m. - 4:00 p.m. Volunteers receive pro bono credit from the Bar. You may volunteer without traveling to Columbia as local volunteers can forward callers to your office during the designated call time. If you are able to volunteer, please contact Jeff Davis at jeff_davis@scb.uscourts.gov.
Fri, 1/11/2008 - 4:00 am
As previously announced, the Judges have directed a reduced case monitoring role for the Clerk's office effective January 1, 2008 in all cases. In part due to a significant reduction in staffing funding over the past several years, and in part due to a change in policy away from strict compliance requirements initiated by the Clerk's office staff, the Clerk has been advised to discontinue certain detailed monitoring of filings in every case in favor of periodic monitoring and reliance on parties in interest. The discontinuation of issuing deficiency notices for filings due in every case will be a considerable time savings and allow staff to engage in more substantive reviews required by the Reform Act. Local Rule requirements will remain in effect and may serve as a basis for dismissal for noncompliance when raised by a trustee, the UST, a party in interest or the Court sua sponte. Therefore, counsel should review all filings for completeness and timeliness and should review electronic filings after their entry to ensure that there were no errors or unintended omissions.
Thu, 1/10/2008 - 4:00 am
Judges Burris and Duncan, the Clerk of Court and the staff of the U. S. Bankruptcy Court are pleased to announce the reappointment of Chief Judge John E. Waites by the United States Court of Appeals for the Fourth Circuit to a second 14-year term effective June 27, 2008. In addition, Judge Waites was recently appointed to represent the Fourth Circuit for a 3-year term on the Administrative Office's Bankruptcy Judges Advisory Group. We all wish Judge Waites continued health and happiness in his service.
Thu, 12/27/2007 - 4:00 am
The Court recently formed a working group of attorneys to study various aspects of mortgage-related practice before the Court. One aspect reviewed by the group was the issue of correct accounting of a debtor's post petition mortgage payments. With increasing frequency, the Court has observed that errors in accounting have resulted in continuances and numerous orders reinstating the automatic stay.
As a result of their study, the working group has recommended that the current forms required by SC LBR 4001-1 be more strictly enforced. In particular, the Certification of Facts form requires the movant to list or attach a list of all post petition payments received directly from the debtor, clearly showing the date the payment was received, the amount of the payment, and the month and year for which each payment was applied. By footnote, the Certification provides that this requirement may not be met by the attachment of a payment history generated by the movant. The purpose of this provision is to require the certifying party to set forth a clear accounting of a debtor's complete post petition payment history and to avoid reliance on creditor generated ledger, which may be vague or difficult to interpret. A recent review of the Certification of Facts in matters that are currently pending before the Court revealed that many movants do not comply with this requirement and some movants even alter the Certification of Facts form by eliminating this or other provisions.
Accordingly, the Court has accepted the recommendations of the working group and hereby advises the members of the bankruptcy bar that the Court may deny, without a hearing, motions that do not comply with SC LBR 4001-1.
Fri, 12/21/2007 - 4:00 am
Chapter 13 Attorneys Fees: As previously announced, Operating Order 07-12, establishing an expedited procedure for approval of attorneys’ fees in chapter 13 cases, goes into effect January 1, 2008. The Form Plan has been additionally revised to include a specific reference to Operating Order 07-12. In order to assist with the application process, the Court is providing a summary of the procedure and related CM/ECF events. If you have any questions, please email them to waites_chambers@scb.uscourts.gov by December 28, 2007. If needed based upon the questions submitted, the Court, with the assistance of the chapter 13 trustees, may sponsor sessions following a chapter 13 docket to address any outstanding issues.
Deficiency Notices: Also effective January 1, 2008, in order to address the level of continuous monitoring performed on behalf of the Clerk’s Office, represented debtors and their counsel will no longer receive a notice of filings due in a case for which schedules, statements, and other documents have not been filed. In addition, deficiency notices will no longer be issued if a notice does not contain the correct judge or hearing assignment. Hearings scheduled incorrectly may not be heard and may be removed from the calendar. Passive and 362 hearing dates will remain posted on the Court’s web page at least two (2) months in advance. If you have any questions please contact the Court at 803-765-5045.
Fri, 12/21/2007 - 4:00 am
The Judges, Clerk and staff of the U.S. Bankruptcy Court wish everyone a Merry Christmas and a Happy Holiday season.
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