The United States Trustee and The United States Attorney have advised the Court of a criminal prosecution which may be of interest to the bar. On February 6, 2008, an Easley man was found guilty by a jury in federal court in Anderson of one count of making false statements in a bankruptcy petition and four counts of tax evasion. A copy of the press release is attached.
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Judges' Corner Archive
Mon, 2/11/2008 - 4:00 am
The Clerk of Court has presented a proposal to significantly update the Court's web page within the next several months. It would be helpful at this stage to have the input of experienced and interested users of the web page. Therefore, the judges and the clerk are seeking user advice and comments within the next ten days from attorneys and bankruptcy paraprofessionals. Those interested would view the proposed web page in the automation training facilities at the U.S. Bankruptcy Court in Columbia. The judges are hopeful that attorneys and paraprofessionals from outside Columbia might also participate by arranging a visit in connection with upcoming hearings or 341 meetings. To volunteer for this opportunity, please contact Mark Tyan at scbcweb@scb.uscourts.gov or waites_chambers@scb.uscourts.gov as soon as possible.
Fri, 2/08/2008 - 4:00 am
By Judges Corner announcement on November 7, 2007, the Court reported that the Mortgage Issue Working Group recommended a 24-month sunset provision for ex parte relief under a 362 settlement order in a consumer case. A similar recommendation was also discussed with the Court's Advisory Committee in June of 2007. As a result, the judges of the Bankruptcy Court have agreed to adopt this recommendation in the following manner:
1) In the event of the filing of an affidavit of default under a previously entered 362 settlement order, if more than 24 months have elapsed since the entry of the settlement order, the Court will hold the ex parte order for a period of ten (10) days. In such situations, it is suggested that the party asserting default present a payment history which is sufficient to demonstrate the default.
Upon the expiration of ten (10) days without the filing of a counteraffidavit by the debtor disputing the fact of default and specifying the payments made, an order may be entered lifting the automatic stay.
2) For 362 settlement orders in consumer cases submitted on or after March 7, 2008, if the settlement order provides for ex parte relief upon subsequent default beyond a period of 24 months from the entry of the order, the Court will require the matter to remain on the calendar and will require the parties to appear to explain the need for inclusion of such a provision.
Fri, 2/08/2008 - 4:00 am
Judge Waites has made Calendar Changes for his Docket in the Charleston Division beginning in March, 2008. A second day of court each month has been added and the Chapter 13 docket split into separate consent/ dispute days. Effective immediately, counsel should schedule Chapter 13 matters on the appropriate consent or dispute calendar as designated by Chambers Guidelines. However, to allow for the transition, dispute matters which have already been noticed or scheduled for March 20, 2008 will continue to be heard on that date. Both the Passive Notice and 362 calendars published by the Clerk's office will indicate the new dates.
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
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)
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)
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.
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.
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.
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.