Version 4.1 of CM/ECF will soon allow attorneys to have multiple logins for attorney's filing agents. Participants are reminded that use of any login and password issued to the Participant constitutes the Participant's signature under Operating Order 08-07 and constitutes several representations set forth therein, including representations as they relate to Rule 9011 and with respect to the possession of necessary original signatures. Therefore, use must be strictly controlled and monitored by the Participant. Use of a login and password by persons other than the Participant or the Participant's agents, acting under the direction and supervision of the Participant, is in violation of Operating Order 08-07. The Court may revoke or disable any Participant's login where the Court finds that the login has been used in violation of the Court's order.
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Judges' Corner Archive
In the event a CM/ECF participant is unable to access CM/ECF, participants should refer to Operating Order 08-07, which allows for conventional paper filing under certain circumstances. Users unable to access CM/ECF may hand deliver or fax documents to the Court with a certification setting forth in detail the reasons the user did not file the documents electronically as stated in the Order. Documents not filed in accordance with Operating Order 08-07 may be stricken and the filing party may be subject to sanctions.
The Federal Rules of Bankruptcy Procedure will be amended on December 1, 2010. The amendments allow for a motion objecting to discharge, rather than an adversary proceeding, under certain circumstances; contain additional procedures for chapter 15 cases; extend the time for a debtor to complete financial management in a chapter 7 case; and shorten the time for a debtor to file a list of creditors after the order for relief in an involuntary case. A time computation change, inadvertantly omitted from Rule 4004 during the previous rule amendments, was also made. Technical and conforming amendments have also been made to the 341 Notice and the Means Testing forms. Further information about the national changes can be found on the Judiciary's website.
As a result of national changes, conforming time computation amendments have been made to Interim Rule 1007-I and Exhibit A to Local Rules 4001-4 and 9013-4. Exhibit A to Local Rule 9013-4 was also amended to allow a trustee to file a motion to retain assets. Finally, Local Rule 9070-1 is amended to reflect the process of pre-marking exhibits, which was announced to the bar on December 1, 2009. Notes are appended to each revised rule. These rule amendments are posted for comment. Comments should be submitted to firstname.lastname@example.org by no later than November 30, 2010. The Judges and Clerk wish to thank the Local Rules Committee for their review and comments to these rules.
Effective for all hearings scheduled before Judge Waites beginning in December 2010 and thereafter, the following requirements apply:
1. The deadline for reporting settlements and withdrawals and requesting continuances for all matters on Judge Waites' hearing docket shall be no later than 10:00 a.m. two (2) business days prior to the date of the hearing.
2. By no later than 10:00 a.m. two (2) business days prior to a scheduled hearing, the party who initiated the matter giving rise to the hearing on the Chapter 7 and 11 calendars or his counsel, shall confer with counsel for all parties who have filed a response regarding the matter and report to chambers via e-mail to email@example.com whether the matter on the calendar is unopposed, settled, or otherwise resolved, and is expected to be removed from the hearing calendar. If contested, the parties should be prepared to provide the following information:
1. The issues and the positions of the parties (if not otherwise clearly stated in the pleadings and other filings with the court, in which case the relevant pleadings should be specifically referenced),
2. The number and names of witnesses expected to be called to testify,
3. A list of the exhibits and documentary evidence, marked prior to the hearing, to be presented,
4. The applicable statutory or case law (unless otherwise fully cited in the pleadings or prior filings, in which case the relevant pleadings should be specifically referenced),
5. The estimated length of hearing, and
6. The telephone, fax number, and e-mail address of all participating counsel.
The Court's Chambers Guidelines otherwise remain applicable.
Counsel should ensure that they, their clients and witnesses do not leave unattended bags, briefcases and other personal items in and around the courtroom. Failure to do so, even for a brief period including while the attorney is in the courtroom, may raise security concerns and cause unnecessary disruptions. The bar's cooperation will assist in ensuring an orderly and efficient court calendar.
The Court welcomes paralegals and staff to the Paralegal and Staff Support Seminar sponsored by the Court and the South Carolina Bankruptcy Law Association on Friday, November 5, 2010. Please make sure you arrive well in advance to allow time to be screened, signed-in, and seated. The seminar will start at 9:30 a.m. Parking is available in the Central Parking System, Matthew Perry Garage, 1100 Richland Street, near the intersection of Richland and Assembly streets. The cost of parking for the day is $6.00 if you arrive before 9:00 a.m. After 9:00 a.m., parking will cost $10.00. Please also remember to bring a photo ID to enter the Court. Additional information may be obtained by clicking on the link above or by contacting Lisa Dunbar at (803) 765-5159.