As previously noticed in the Judges' Corner announcement dated June 20, 2007, new court division and county assignments will take effect Wednesday, August 1, 2007 and are applicable to newly filed cases only. Hearings with respect to cases filed in York County (as well as 341 meetings, as directed by the UST) will be heard in Columbia on a temporary basis. On August 1, 2007, in order to effectuate the transition, filers will be unable to select the Judge/Trustee assignment option upon the filing of the case. Cases may be filed as usual, and the Court will complete all Judge/Trustee assignments as soon as possible for cases filed on August 1.
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Judges' Corner Archive
Judges Burris and Waites would like to invite members of the Bankruptcy bar to join them for lunch after court in Spartanburg on Tuesday, July 24, at Wade's Restaurant. Please meet in the buffet line around 12:15. Lunch at Wade's is approximately $7.50 and they do not take credit cards! Hope to see you there on the 24th.
In light of the ruling of the U.S. Supreme Court in In Re Marrama, 127 S.Ct. 1105 (2007) that a debtor may forfeit the "absolute" right to convert a case from chapter 7 to another chapter pursuant to 11 U.S.C. § 706(a), such motions may be granted after consideration by the court or may be set for a hearing. Counsel should therefore not expect the immediate entry of an order of conversion. Motions to convert pursuant to § 706(a) should be served on the chapter 7 trustee, the debtor, and all parties in interest. If a hearing is set, 20 days notice is required pursuant to Bankruptcy Rule 2002.
[Conversions from chapter 13 to chapter 7 pursuant to section 1307(a) are unaffected by this announcement and remain effective upon the filing of a notice pursuant to Bankruptcy Rule 1017.]
The present schedule provides that a proposal will be circulated for comment to the working group before the end of July.