Despite the development of processes to more efficiently address the issue of returned mail, the Court continues to receive an average of 900 pieces of returned mail weekly. After consultation with the Court’s Advisory Committee and following research on the practice of other bankruptcy courts, the Judges have approved a new policy on returned mail. Operating Order 08-05 supersedes Operating Order 07-03. As revised, the new Order allows for a select and limited group of orders and notices to be returned to debtor’s counsel but maintains the current process for docketing the returned mail that will continue to be received by the Court.

The Order also preserves the current procedure for mailing matrix modification but reflects a new time saving enhancements to CM/ECF where a request for an address change may be made by electronic docket entry as opposed to a PDF submission. See Participant’s Guide. Finally, the Order memorializes the duty of the debtor to serve returned and undeliverable mail in furtherance of due process. The method for modifying debtor addresses has also been clarified in the Order. Questions on the new procedures may be addressed to scbcreturnmail@scb.uscourts.gov.

The Judges would like to remind counsel that, according to Operating Order 07-12, a written fee agreement, in addition to the Rule 2016 Statement, is required to be filed with an application for supplemental fees. The application for supplemental fees should contain sufficient information to determine if the fee is fair and reasonable. A review of such applications has shown that many counsel are apparently relying on the 2016 Statement, which may not be sufficient under the Order.

The Judges of the Bankruptcy Court are pleased to welcome three new law clerks to the Court:

Marilyn E. Gartley joins Sarah Kistler as law clerks for Chief Judge Waites. Marilyn is a recent graduate of the USC School of Law.

Daniel D. Ray, law clerk for Judge Burris, and Harrison Penn, law clerk for Judge Duncan, are both recent graduates of the Charleston School of Law.

The Judges also wish to thank Jeff Davis, who has become Chief Deputy Clerk of Court, and Susan Sykes and Mac McClellion for their service as law clerks.

We wish them well in their new endeavors.

Thanks to Janet Haigler for volunteering for the August Ask-A-Lawyer session. The next Ask-A-Lawyer sessions are planned for October 2 and October 30. If you are able to volunteer for the October 30 session, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov