The Judges have been recently receiving proposed orders lifting the automatic stay which have included language that also waives or excuses compliance with the requirements of Fed. R. Bankr. P. 3002.1 upon entry of the orders. The Judges have requested that the language not be included in such proposed orders until otherwise advised by each respective chambers.
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Judges' Corner Archive
Mon, 7/09/2012 - 5:00 am
Mon, 6/11/2012 - 5:00 am
In cases where the parties have filed a joint statement of dispute and thereafter resolve their dispute prior to the entry of the order approving the joint statement of dispute (either through the filing of an amended plan or otherwise), the joint statement of dispute should be withdrawn by the filing party in order to notify the Court that the matter is resolved and that consideration of the order approving the joint statement of dispute is no longer necessary.
Wed, 6/06/2012 - 5:00 am
Effective June 12, 2012 chapter 13 cases assigned to Judge Duncan will be subject to revised confirmation hearing procedures. Attorneys representing debtors and/or creditors should become familiar with and follow the new procedures which can be found in the Chambers Guidelines section of the Court's website. A new form "Plan Summary in Lieu of Hearing (Judge Duncan)" can be found in both the Chambers Guidelines and Local Forms sections of the website. This form is available as both a Word document and as a fillable form. The form is to be filed using the CM/ECF docket event "Plan Summary in Lieu of Hearing (Judge Duncan)" available under the Plan menu of CM/ECF. Questions concerning the new procedures may be directed to Dawn Hardesty, Judge Duncan's Law Clerk.
Fri, 5/11/2012 - 5:00 am
Requests for Protection from hearing dates and deadlines are not honored by the Court. Many matters are self scheduled and the volume of cases is too great to allow us to accommodate such requests. If counsel is unavailable on certain dates, counsel must determine whether any matters are scheduled for hearing and request a continuance, following Chambers Guidelines. Counsel must also determine the existence of deadlines for response and either file responsive pleadings before the deadline or seek an extension of time, where available. The Court will not respond to correspondence or emails requesting protection.
Mon, 4/30/2012 - 5:00 am
Chief Judge Waites is pleased to announce that Patrick R. Mohan will join his chambers as a law clerk beginning April 30, 2012. Patrick most recently was associated with the Barton Law Firm in Columbia. He previously worked at White & Case in New York, and clerked at the United States Bankruptcy Court for the Southern District of New York while obtaining his LLM in Bankruptcy.
Thu, 4/19/2012 - 5:00 am
It is with great sadness that the Judges have learned of the passing of bankruptcy attorney Michael Church. Mike practiced before this Court for more than two decades while working with the law firms of Turner Padget and Sherpy & Jones. A friend and colleague to many, Mike was respected by the bench and bar for his advocacy, courteousness, and collegiality. A copy of his obituary can be viewed by clicking here.
Wed, 4/18/2012 - 5:00 am
Chief Judge Waites and the staff of the U.S. Bankruptcy Court would like to thank David Jones for his service as his law clerk in Charleston during the past year. David has been offered a great opportunity to join the Moore & Van Allen Law Firm in Charlotte, NC, and his last day in chambers will be April 27, 2012. It has been a pleasure to work with him and we wish him the very best as he enters private practice.
Fri, 3/09/2012 - 4:00 am
Attached for comment are changes to SC LBR 2082-1. Paragraph (d) of the rule is proposed to be amended to reduce the time periods in that section by seven days. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by March 29, 2012. Absent comment, the revised rule shall become effective on April 1, 2012.
Mon, 3/05/2012 - 4:00 am
The United States Bankruptcy Court for the District of South Carolina is seeking applicants for the position of Clerk of Court. See vacancy announcement for more information.
Thu, 1/19/2012 - 4:00 am
The Judges are pleased to announce that Jeff Davis will serve as the Acting Clerk of Court until further notice.
Jeff has served as the Chief Deputy Clerk of Court since 2008, after previously serving as a law clerk of Chief Judge Waites and practicing with the Robinson, McFadden law firm.