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Judges' Corner Archive

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

The Judges, Clerk and staff of the U.S. Bankruptcy Court wish everyone a Merry Christmas and a Happy Holiday season.

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 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.

Mon, 12/17/2007 - 4:00 am

The Court thanks Pamela Simmons-Beasley, Wendi Freeman, and Rick Richardson for volunteering their time to the December Ask-A-Lawyer program. The next Ask-A-Lawyer session is planned for January.

Tue, 12/11/2007 - 4:00 am

Judge Burris is accepting applications for a law clerk (one or two year term) with employment to commence in September 2008. The vacancy announcement may be reviewed here.