It was suggested yesterday during the discussion on consumer practice under the new Act that it would assist the bar to be able to provide comments or raise issues that would be helpful to the Court to have identified. The address has been designated as: firstname.lastname@example.org. The Court will not be prepared to respond to your e-mail in writing, but your comments will be taken into consideration and in some instances may be posted to the bar for comment.
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Judges' Corner Archive
Due to the request of many of you to move up the date for the staff/paralegal seminar presently scheduled for November 8, 2005, Judge Waites has decided to change the date to sometime in October, to be announced in the near future.
38 attorneys have already responded to the invitation to a discussion regarding consumer practice under the Bankruptcy Reform Act on August 17, 2005 at 10:00 a.m. in Columbia.
The purpose of the informal discussion will be to focus on changes to practice from the perspective of several consumer creditor attorneys, debtor attorneys and a chapter 13 trustee. It will also assist the Court in identifying the bar’s concerns so that they may be addressed at the Bankla Conference or a later meeting prior to October 17 th.
Due to the large number of attorneys attending, we are unable to host paralegals and staff. They will be invited to attend a more instructive day long seminar sponsored by Bankla and the Court presently scheduled for November 8, 2005 at 9:30 in Columbia.
Finally, the Court and Bankla are jointly sponsoring a meeting on the treatment of taxes under the Bankruptcy Reform Act to be held on September 21, 2005 at 10:00 a.m. in Columbia.Further notice and sign-up opportunities will be sent later.
Judge Waites will host a discussion of consumer practice issues arising under the new Bankruptcy Reform Act in Columbia on Wednesday, August 17, 2005 at 10:00 a.m. He has invited several debtor and creditor attorneys to comment on how the new law will change their practice. If you would like to attend please e-mail Cheryl at Cheryl_Hughes@scb.uscourts.gov before Friday at noon.
The Judges would like the bar to be aware of the latest resource available in preparing for implementation of the new Bankruptcy Act. Proposed interim rules and forms have been posted by the Advisory Committee on Bankruptcy Rules at www.uscourts.gov/rules. The proposed forms include an amended petition, amended schedules, means test calculations, and various other notices, declarations, certifications, and statements. Helpful committee notes are also provided. It is the Court’s understanding that the forms are likely to become official, or final, in the near future. Further action may be needed before the approved interim rules are presented to the Courts for consideration of adoption. Many members of the bar have expressed concern over the uncertainty involved in how the Act will actually be implemented, and we hope this information will assist you in your preparation.
Among the significant changes to be implemented with the Bankruptcy Reform Act of 2005 are provisions affecting the treatment of taxes and tax obligations. To assist the bar in recognizing these changes, Doug Barnett of the U.S. Attorney’s Office and Joe Dusenbury of the South Carolina Department of Revenue have agreed to make a presentation in Columbia to be sponsored by BANKLA. The presentation is tentatively planned for sometime in August or September, and the date and time shall be announced in the near future. We hope you and your staff will be able to attend.