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Judges' Corner Archive

Tue, 10/25/2016 - 5:00 am

To ensure that all volunteers are recognized, the following is a complete and updated list of the C.A.R.E. volunteers.

Mon, 10/24/2016 - 5:00 am

In recognition of Pro Bono Week, the Judges of the United States Bankruptcy Court would like to thank the many members of the South Carolina Bar who selflessly volunteer to help the public in matters related to the work of our Court by participating in the following programs: 

Bankruptcy Court Ask-A-Lawyer
C.A.R.E. Program of South Carolina
Bankruptcy Court Bar Clinics (Charleston & Columbia)
Judge Waites' Debtor Assistance Program.  

The volunteers are listed here. 

In addition, the Judges would like to thank South Carolina Legal Services and the South Carolina Bar, whose partnership with the Court makes many of these programs possible, as well as recognize those bankruptcy attorneys who participate in South Carolina Bar sponsored programs such as S.C. Bar Pro Bono Program, South Carolina Legal Services PAI Program, S.C. Bar Clinics, S.C. Bar Ask-A-Lawyer Program, and S.C. Law Answers.

Wed, 10/12/2016 - 5:00 am

Judge Burris invites bar members to continue the discussion regarding successful use of the conduit mortgage payment procedures. A follow-up, informal bar meeting will be held at the Spartanburg courthouse on Thursday, October 13th immediately following completion of the Chapter 13 Dispute calendar. Anticipated start time is approximately 11:00 a.m.

Thu, 9/29/2016 - 5:00 am

Operating Order 16-03, governing the conduit mortgage payment procedures for Columbia and Spartanburg cases pending before Judge Burris, has been amended. A copy of the amended order is found here. A draft noting significant changes in redline is found here. Other than paragraphs I and II, this amended order is substantially consistent with Operating Order 16-02 for Judges Duncan and Waites.

To continue the discussion regarding successful use of the conduit mortgage payment procedures, a follow-up, informal bar meeting will be held at the Spartanburg courthouse on Thursday, October 13th immediately following completion of the Chapter 13 Dispute calendar.

Wed, 9/28/2016 - 5:00 am

Judges Waites and Duncan have revised Operating Order 16-02. The revisions are to Exhibit A, the language to be used in a chapter 13 plan when conduit payments are being made. First, the reference to a specific operating order was eliminated so that the software providers will be able to use the same language for all three judges. Second, the paragraph on the timing of plan payments by the debtor was removed as unnecessary. Section 1326 of the bankruptcy code governs.

Tue, 9/27/2016 - 5:00 am

The Operating Order which governs the Conduit Mortgage Payment Procedures in cases before Judges Duncan and Waites has been entered and a copy is available on the court's website. Questions regarding specific procedures should be directed to the applicable Chapter 13 Trustee.

Mon, 9/26/2016 - 5:00 am

The court has made a new CMECF event available for use in cases assigned to Judges Burris and Duncan.  The “Default of 362 Settlement Order” event requests an order granting stay relief after a debtor has defaulted under the terms of a settlement order resolving a motion for relief from stay.  The event is a text event, similar to the “Certification of No Response and Request for 362 Default Order” and “Request for Settlement Order on Motion for Relief from Stay” events already in use for motions for relief from stay.  No separate affidavit of default is required.  Copies of the proposed order generated by the event will be added to the “Locally Maintained Court Forms” section of the court’s webpage.

Fri, 9/02/2016 - 5:00 am

New Chambers Guidelines are posted for Judge Burris to include reference to Operating Order 16-03 for procedures for litigants to request or propose conduit payments in Chapter 13 plans, to update the scheduling chart for self-scheduled Chapter 13 matters to include the Trustee's event for Request for Mortgage Report, and to add new law clerk contact information. Judge Burris' revised Chambers Guidelines are available on the Court's website.

Thu, 8/25/2016 - 5:00 am

The Bankruptcy Judges, with the assistance of the Chapter 13 Trustees, have agreed upon district wide conduit mortgage payment procedures to be implemented in Chapter 13 cases filed on or after October 1, 2016. The procedures are set forth in the Operating Orders attached. The procedures are required under certain conditions in cases presided over by Judges Duncan and Waites and are voluntary in cases presided over by Judge Burris. 

In order to review the procedures with members of the Bar prior to the effective date, meetings will be held in the courthouses in each division as follows: 

Charleston on September 1, 2016, immediately after the conclusion of court hearing which is expected to be by 11:00 a.m.; 
Columbia on September 8; 2016, immediately after the conclusion of court hearings which is expected to be by 10:30 a.m.; 
Spartanburg on September 15, 2016; immediately after the conclusion of court hearings. 

Telephone attendance will be available in the Charleston and Columbia meetings. If interested, contact a courtroom deputy for Judges Duncan or Waites.

Thu, 7/14/2016 - 5:00 am

In order to enable further consideration by all Judges of a district- wide conduit procedure, Judge Waites has delayed until September 1, 2016 implementation of the procedure in his cases (as described here on June 17, 2016). The Court will continue to provide further updates to the Bar on the conduit procedure and any Bar meetings related thereto.