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Judges' Corner Archive
A second Bankruptcy Ask-A-Lawyer program was conducted on October 23, 2007. The Court thanks Sheryl Bland, Jane Downey, Annemarie Mathews, and Sheryl Schelin for the volunteering of their time and efforts to the program.
The next two sessions for Ask-A-Lawyer are planned for November 27, 2007 and December 11, 2007. If you are able to volunteer for the December session, please contact Jeff Davis at firstname.lastname@example.org Volunteers receive pro bono credit from the Bar. Attorneys outside of Columbia may volunteer without traveling to Columbia as local volunteers can forward callers to your office during the designated call time.
The U.S. Bankruptcy Court will partner with the South Carolina Bankruptcy Law Association to sponsor its annual Paralegal Seminar to be held on November 16, 2007 at 9:30 am at the J. Bratton Davis U.S. Bankruptcy Courthouse, 1100 Laurel Street, Columbia, South Carolina. Details on registration and the program will be announced in the near future.
The judges presiding in the Spartanburg Division would like to invite you to join them for an informal lunch following court in Spartanburg on Thursday, October 18. We will meet at the Sun King Super Buffet at 12:30 p.m. The Buffet is located at 1915 E. Main Street in Hillcrest Center, between Steinmart and Publix. The cost is $5.25 per person and regular menu items are also available.
If you have any questions or need directions, please contact Reggie Reinovsky at (864) 591-5317.
The judges presiding in the Charleston Division would like to invite you to join them for a social hour on Wednesday, October 24, 2007. We will meet at The Rooftop at Vendue Inn at 5:30 p.m. The Rooftop is located at 19 Vendue Range in downtown Charleston. If you have any questions, please contact Sarah Kistler at (803) 765-5030.
The Court has formed a working group to consider issues related to the treatment and collection of mortgage debt in bankruptcy cases in order to consider improvements in its procedures, rules or forms, especially in light of experience under the Reform Act. The members are:
Some of the issues to be discussed include the following:
1. Resolution of payment disputes and changes to the certification of facts form;
2. Time limit for the defaulting of 362 settlement orders. It has been suggested that defaulting a debtor and seeking ex parte stay relief may not be appropriate if debtor has consistently performed under the order for several years;
3. Harbin order: Is Local Rule language sufficient to ensure that excess proceeds are returned for the benefit of creditors?;
4. Assertions by creditor of default or claim for charges that accrued post confirmation after debtor has performed under the plan and received discharge in chapter 13 case, including issues related to section 524(i);
5. Reinstatement of stay grounds and frequency, attorneys fees for creditor error;
6. Reaffirmation Agreement Procedures;
7. Adversary Proceedings to Set Claims and deny charges ( see for example adv. 07-80093), also adversaries to declare debt current after completion of plan.
If you have suggestions or issues for discussion in this area, please contact any member of the working group.
The group has been asked to complete its recommendations within the next several weeks.