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Judges' Corner Archive

Thu, 12/27/2007 - 4:00 am


The Court recently formed a working group of attorneys to study various aspects of mortgage-related practice before the Court. One aspect reviewed by the group was the issue of correct accounting of a debtor's post petition mortgage payments. With increasing frequency, the Court has observed that errors in accounting have resulted in continuances and numerous orders reinstating the automatic stay.


As a result of their study, the working group has recommended that the current forms required by SC LBR 4001-1 be more strictly enforced. In particular, the Certification of Facts form requires the movant to list or attach a list of all post petition payments received directly from the debtor, clearly showing the date the payment was received, the amount of the payment, and the month and year for which each payment was applied. By footnote, the Certification provides that this requirement may not be met by the attachment of a payment history generated by the movant. The purpose of this provision is to require the certifying party to set forth a clear accounting of a debtor's complete post petition payment history and to avoid reliance on creditor generated ledger, which may be vague or difficult to interpret. A recent review of the Certification of Facts in matters that are currently pending before the Court revealed that many movants do not comply with this requirement and some movants even alter the Certification of Facts form by eliminating this or other provisions.


Accordingly, the Court has accepted the recommendations of the working group and hereby advises the members of the bankruptcy bar that the Court may deny, without a hearing, motions that do not comply with SC LBR 4001-1.

Fri, 12/21/2007 - 4:00 am


Chapter 13 Attorneys Fees: As previously announced, Operating Order 07-12, establishing an expedited procedure for approval of attorneys’ fees in chapter 13 cases, goes into effect January 1, 2008. The Form Plan has been additionally revised to include a specific reference to Operating Order 07-12. In order to assist with the application process, the Court is providing a summary of the procedure and related CM/ECF events. If you have any questions, please email them to waites_chambers@scb.uscourts.gov by December 28, 2007. If needed based upon the questions submitted, the Court, with the assistance of the chapter 13 trustees, may sponsor sessions following a chapter 13 docket to address any outstanding issues.


Deficiency Notices: Also effective January 1, 2008, in order to address the level of continuous monitoring performed on behalf of the Clerk’s Office, represented debtors and their counsel will no longer receive a notice of filings due in a case for which schedules, statements, and other documents have not been filed. In addition, deficiency notices will no longer be issued if a notice does not contain the correct judge or hearing assignment. Hearings scheduled incorrectly may not be heard and may be removed from the calendar. Passive and 362 hearing dates will remain posted on the Court’s web page at least two (2) months in advance. If you have any questions please contact the Court at 803-765-5045.

Fri, 12/21/2007 - 4:00 am


The Judges, Clerk and staff of the U.S. Bankruptcy Court wish everyone a Merry Christmas and a Happy Holiday season.

Mon, 12/17/2007 - 4:00 am


The Court thanks Pamela Simmons-Beasley, Wendi Freeman, and Rick Richardson for volunteering their time to the December Ask-A-Lawyer program. The next Ask-A-Lawyer session is planned for January.

Tue, 12/11/2007 - 4:00 am


Judge Burris is accepting applications for a law clerk (one or two year term) with employment to commence in September 2008. The vacancy announcement may be reviewed here.

Fri, 11/30/2007 - 4:00 am


The monthly Bankruptcy Ask-A-Lawyer program was conducted on November 27, 2007. Thanks to George Cauthen, George Clauer, Rose Manos, and Rick Steadman for the volunteering of their time and efforts to the program. The next session for Ask-A-Lawyer is planned December 11, 2007.

Fri, 11/30/2007 - 4:00 am


Order Setting Procedures for Approval of Attorney’s Fees in Chapter 13 Cases (Operating Order 07-12): The Judges are pleased to have considered and finalized an order that establishes an expedited procedure for approval of attorneys’ fees in chapter 13 cases effective January 1, 2008. Revisions to the Chapter 13 Form Plan were also necessary to implement the new procedure. The Judges would like to thank the numerous groups from which input was received: the Court’s Advisory Committee, the Chapter 13 Attorneys Working Group, the consumer debtors’ attorneys email group, and the Chapter 13 Trustees. The Court, with the assistance of the chapter 13 trustees, plans to sponsor training sessions to assist with implementation of the Order in the future.


Local Rule 4001-4 (Operating Order 07-13): As a result of the amendment to Federal Rule of Bankruptcy Procedure 4001(d) effective December 1, 2007, revisions to the form agreement relating to Rule 4001(d) (Exhibit A to Local Rule 4001-4) are necessary. Revised Exhibit A shall become the mandatory form effective December 1, 2007.


Returned Mail (Amended Operating Order 07-03): In order to continue to address the volume of returned mail received by the Court, Operating Order 07-03 has been amended. The amendment provides that in instances of cases that are or soon will be closed, or cases that have been reopened, the Clerk’s Office will no longer delete or correct such address. The attorney for the debtor should continue to ensure the accuracy of the list of creditors and mailing matrix, and continue to review and submit any needed address changes or deletions of creditors to the mailing matrix upon the filing of a motion to reopen a case.

Wed, 11/28/2007 - 4:00 am

CARE Program presentations were conducted on November 14, 2007 to 40 students at The Technology Center, Orangeburg Consolidated District #5 and on November 28, 2007 to 350 students at Lexington High School. Both presentations were a great success and a rewarding experience for everyone involved. The Judges of the Bankruptcy Court would like to thank Daniel Stone and Janet Haigler for volunteering for the Technology Center presentation and Jane Downey, Lex Rogerson, Daniel Stone, Linda Barr and Donna DeMichael for volunteering for the Lexington High School presentation. If you are interested in volunteering for future CARE Program presentations, please send an e-mail to Lisa Dunbar at care@scb.uscourts.gov.
Mon, 11/19/2007 - 4:00 am

The Judges of the United States Bankruptcy Court would like to remind the members of the bankruptcy bar of the social hour scheduled for 5:30 p.m. this evening in Columbia at the Flying Saucer. The Flying Saucer is located at 931 Senate Street in the Vista. All three Judges and the Clerk of Court will be present. We hope to see you there!
Wed, 11/14/2007 - 4:00 am

A more detailed agenda, including an alternative session now addressing Chapter 11 Matters, has been posted here. We have received a great response to this year's paralegal seminar to be held this Friday, November 16, 2007. The registration deadline is today, so please submit your form as soon as possible (see 11/6/07 posting for details).

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