The Court would like to thank Kevin Campbell, Suzanne Campbell, and Eddie McDonnell for volunteering for the Ask-A-Lawyer program this past quarter. The next Ask-A-Lawyer sessions are planned for April 29, June 3, and July 1. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at email@example.com.
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Judges' Corner Archive
The Judges are looking forward to attending the South Carolina Bankruptcy Law Association’s 20th Annual Seminar May 7-9, 2010 at the Grove Park Inn Resort & Spa in Asheville, North Carolina. Tammi Hellwig, Pamela Simmons-Beasley, and the seminar committee have worked tirelessly over the past several months to develop a different and exciting program and recruit outstanding speakers. Notably, this year’s Seminar features a 3-Judge Panel Discussion, separate Consumer and Commercial Law tracts, informative breakout sessions specifically tailored for new attorneys and paralegals, and a video presentation prepared in honor of the 20th anniversary of the Seminar. William H. Harrison, Jr., returns this year as guest speaker to discuss commercial mortgage debt, the banking system and the residential housing market. The Judges hope for a good turnout of lawyer and paralegal attendees this year. We especially hope to see you there.
Effective April 1, 2010 in chapter 13 cases filed and assigned to Judge Duncan, the Consent/Dispute calendar process will be modified. All chapter 13 plans will be set for confirmation hearings. If the trustee or a creditor objects to confirmation the hearing will be continued to a dispute calendar and a statement of dispute must be filed, as under present practice. Otherwise counsel for the debtor and pro se debtors must appear at the first scheduled confirmation hearing and shall briefly describe the treatment of each creditor or class and be otherwise conversant with all elements of the proposed plan. Judge Duncan will preside at these hearings and the trustee will make a recommendation as to confirmation following the brief presentation by counsel. Judge Duncan may continue confirmation to a dispute calendar if testimony of the debtor is necessary or if there are issues requiring further review. Further information concerning the presentation by counsel will be forthcoming. The presentation will include a description of the treatment of each creditor or class of creditor, an affirmative statement as to any debt that may fall in a non-dischargeable category and disclosure of any plan provision that modifies the form plan. This applies to chapter 13 cases filed on and after April 1 for Judge Duncan only.
Judge Duncan will no longer enter orders with a waiver of the Fed. R. Bankr. P. 4001(a)(3) and 6004(h) stay without a hearing and a showing of cause. Please note that the term of these stays, effective December 1, 2009, is 14 days rather than 10. For a limited transition time chambers will contact the proponent of a proposed order to determine whether stay waiver language should be stricken or the motion should be set for hearing. For § 362(d) motions and applications for sale filed after May 1, 2010 a proposed order containing a stay waiver will be considered at the hearing on the date contained in the notice or, for ex parte settlement default order submissions, on a date set by the court. Additionally, if fiduciary sales applications served on all parties in interest contain a specific showing of cause for waiver of the stay – as opposed to a boilerplate request – and no objection is made to the sale or waiver, the order approving sale and waiving the stay will be considered in chambers, but may be set for hearing.