As part of the October 17, 2014 Paralegal Seminar sponsored by the South Carolina Bankruptcy Law Association, Judge Waites will host a panel presentation on Mortgage Modification in a Chapter 13 case, which will include a demonstration of the use of the DMM Portal. The procedures are designed to improve communication between debtors and lenders on mortgage modifications and use forms, which are tailored to lender preferences. This technology is used in other districts and experience has shown that it lessens miscommunication by the parties, frequently observed in court, and increases a debtor's chances of obtaining a mortgage modification. Those interested in learning more about the process are encouraged to attend the upcoming Paralegal Seminar.
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Judges' Corner Archive
Judge Waites is forming a list of mediators for consumer cases, including mortgage modification issues, and is seeking attorneys interested in serving as mediators in these cases. If you are interested in being included on the mediator list, please complete the attached form and return it by e-mail to Sarah_Kistler@scb.uscourts.gov.
Judge Burris is pleased to welcome Kate Hendricks as a second law clerk in her chambers. Kate is a 2010 graduate of Wofford College and a 2013 graduate of the Charleston School of Law. She recently completed a one year clerkship with the Honorable J.C. Nicholson, Jr. of the South Carolina Circuit Court. Chambers contact information has been updated and can be found here.
Counsel for a moving party is reminded to consider Rule 9006(f) in computing the time before an affidavit of default, certification of no response, or similar pleading is filed in a case or proceeding in Bankruptcy Court. For example, counsel should not request or propose an order for relief from stay when service was made by mail and no response is made until the 18th day at the earliest. CMECF computes the earliest "last day for response" and it is counsel's responsibility, knowing how service was made, to wait the appropriate time before certifying the absence of a response.
Following a period for comment, Judge Waites has approved the following non-standard language, which may be included in the Chapter 13 plan at the debtor's option to address payment of postpetition mortgage fees, expenses and charges allowed under Fed. R. Bankr. P. 3002.1:
"Unless otherwise ordered, fees, expenses, and charges allowed pursuant to Fed. R. Bankr. P. 3002.1(c) or (e) shall be paid by the Trustee through the chapter 13 plan if timely included in the secured creditor's allowed proof of claim or amended proof of claim."
In order to give the Trustee sufficient time to pay approved Rule 3002.1 amounts, parties are advised to act promptly in the filing of the notice and any objection.