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Judges' Corner Archive
01/2008

Chambers Guidelines: Consent and Dispute Calendars
Thu, 1/31/2008 - 4:00 am

The following type of contested matter has been moved from the Chapter 13 consent calendar to the dispute calendar. Counsel should refer to the updated Chambers Guidelines.

Motions for Hardship Discharge (11 U.S.C. § 1328(b))

Request for a Hardship Discharge (BAPCPA) pursuant to SC LBR 3015-1(k)
(See Exhibits I and J)
Chapter 13 Interest Rate Committee:
Thu, 1/31/2008 - 4:00 am


The Court seeks bankruptcy practitioners who are interested in serving on the Chapter 13 Interest Rate Committee. Members of this Committee are appointed by operating order to assist the Court in determining the current fair market interest rate to be applied in Chapter 13 cases. The Committee's members serve two-year terms and are comprised of trustees and practitioners who represent both debtors and creditors. The most recent members of this Committee included:


Joy S. Goodwin
Gretchen D. Holland
Wm. Keenan Stephenson, Jr.
James M. Wyman
Doug Wedge
Michael Cox
Wendy Freeman
Weyman Carter
Dalton Watkins
Jason Moss


Please advise the Court of your willingness to serve on the Committee for a two-year term beginning March 1, 2008 by email to waites_chambers@scb.uscourts.gov on or before February 11, 2008

Hearings for York County Cases
Fri, 1/25/2008 - 4:00 am


In order to complete the redesignation of counties to the Spartanburg Division, hearings with respect to cases filed in York County (Spartanburg Division) will be heard in Spartanburg beginning April 1, 2008. By Judges' Corner announcement dated July 27, 2007, the Court permitted hearings regarding cases filed after August 1, 2007 in York County to continue to be heard in Columbia on a temporary basis, despite York County's redesignation as part of the Spartanburg division, to assist in the transition. Cases filed prior to August 1, 2007 remain Columbia Division cases and will continue to be scheduled accordingly.


The location for section 341 meetings for York County cases will be determined by the UST.

Bankruptcy Ask-A-Lawyer Program
Tue, 1/15/2008 - 4:00 am

The next session for Ask-A-Lawyer is planned for February 7, 2008 between 2:00 p.m. - 4:00 p.m. Volunteers receive pro bono credit from the Bar. You may volunteer without traveling to Columbia as local volunteers can forward callers to your office during the designated call time. If you are able to volunteer, please contact Jeff Davis at jeff_davis@scb.uscourts.gov.
Deficiency Notices
Fri, 1/11/2008 - 4:00 am

As previously announced, the Judges have directed a reduced case monitoring role for the Clerk's office effective January 1, 2008 in all cases. In part due to a significant reduction in staffing funding over the past several years, and in part due to a change in policy away from strict compliance requirements initiated by the Clerk's office staff, the Clerk has been advised to discontinue certain detailed monitoring of filings in every case in favor of periodic monitoring and reliance on parties in interest. The discontinuation of issuing deficiency notices for filings due in every case will be a considerable time savings and allow staff to engage in more substantive reviews required by the Reform Act. Local Rule requirements will remain in effect and may serve as a basis for dismissal for noncompliance when raised by a trustee, the UST, a party in interest or the Court sua sponte. Therefore, counsel should review all filings for completeness and timeliness and should review electronic filings after their entry to ensure that there were no errors or unintended omissions.
Reappointment of Chief Judge John E. Waites
Thu, 1/10/2008 - 4:00 am

Judges Burris and Duncan, the Clerk of Court and the staff of the U. S. Bankruptcy Court are pleased to announce the reappointment of Chief Judge John E. Waites by the United States Court of Appeals for the Fourth Circuit to a second 14-year term effective June 27, 2008. In addition, Judge Waites was recently appointed to represent the Fourth Circuit for a 3-year term on the Administrative Office's Bankruptcy Judges Advisory Group. We all wish Judge Waites continued health and happiness in his service.