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Judges' Corner Archive

Tue, 11/23/2010 - 4:00 am

Version 4.1 of CM/ECF will soon allow attorneys to have multiple logins for attorney's filing agents. Participants are reminded that use of any login and password issued to the Participant constitutes the Participant's signature under Operating Order 08-07 and constitutes several representations set forth therein, including representations as they relate to Rule 9011 and with respect to the possession of necessary original signatures. Therefore, use must be strictly controlled and monitored by the Participant. Use of a login and password by persons other than the Participant or the Participant's agents, acting under the direction and supervision of the Participant, is in violation of Operating Order 08-07. The Court may revoke or disable any Participant's login where the Court finds that the login has been used in violation of the Court's order.

Mon, 11/22/2010 - 4:00 am

Effective for all hearings scheduled before Judge Waites beginning in December 2010 and thereafter, the following requirements apply:

1. The deadline for reporting settlements and withdrawals and requesting continuances for all matters on Judge Waites' hearing docket shall be no later than 10:00 a.m. two (2) business days prior to the date of the hearing.

2. By no later than 10:00 a.m. two (2) business days prior to a scheduled hearing, the party who initiated the matter giving rise to the hearing on the Chapter 7 and 11 calendars or his counsel, shall confer with counsel for all parties who have filed a response regarding the matter and report to chambers via e-mail to whether the matter on the calendar is unopposed, settled, or otherwise resolved, and is expected to be removed from the hearing calendar. If contested, the parties should be prepared to provide the following information:

                   1. The issues and the positions of the parties (if not otherwise clearly stated in the pleadings and other filings with the court, in which case the relevant pleadings should be specifically referenced),

                    2. The number and names of witnesses expected to be called to testify,

                    3. A list of the exhibits and documentary evidence, marked prior to the hearing, to be presented,

                    4. The applicable statutory or case law (unless otherwise fully cited in the pleadings or prior filings, in which case the relevant pleadings should be specifically referenced),

                     5. The estimated length of hearing, and

                     6. The telephone, fax number, and e-mail address of all participating counsel.

The Court's Chambers Guidelines otherwise remain applicable.

Thu, 11/18/2010 - 4:00 am

Counsel should ensure that they, their clients and witnesses do not leave unattended bags, briefcases and other personal items in and around the courtroom. Failure to do so, even for a brief period including while the attorney is in the courtroom, may raise security concerns and cause unnecessary disruptions. The bar's cooperation will assist in ensuring an orderly and efficient court calendar.

Thu, 11/04/2010 - 5:00 am

The Court welcomes paralegals and staff to the Paralegal and Staff Support Seminar sponsored by the Court and the South Carolina Bankruptcy Law Association on Friday, November 5, 2010. Please make sure you arrive well in advance to allow time to be screened, signed-in, and seated. The seminar will start at 9:30 a.m. Parking is available in the Central Parking System, Matthew Perry Garage, 1100 Richland Street, near the intersection of Richland and Assembly streets. The cost of parking for the day is $6.00 if you arrive before 9:00 a.m. After 9:00 a.m., parking will cost $10.00. Please also remember to bring a photo ID to enter the Court. Additional information may be obtained by clicking on the link above or by contacting Lisa Dunbar at (803) 765-5159.

Fri, 10/22/2010 - 5:00 am

The Court looks forward to the Paralegal and Support Staff Seminar to be held on November 5, 2010! Thank you to the Judges, the Bankruptcy Bar, and Bankruptcy Court staff that have agreed to support, speak and assist with this educational and informative seminar. A link to the agenda and detailed information about the seminar has now been posted on the Court's website.

Fri, 10/22/2010 - 5:00 am

The Court would like to thank George Cauthen, Jane Downey, and Suzanne Campbell for volunteering for the Ask-A-Lawyer program this past quarter. The next Ask-A-Lawyer sessions are planned for October 29, December 3, and December 30. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at

Wed, 10/20/2010 - 5:00 am

Judge Burris is pleased to welcome Lauren Thorne as a law clerk in her chambers.  Lauren is a 2010 honors graduate of the University of North Carolina School of Law. Judge Burris also thanks Daniel Ray for two years of service as law clerk.  Daniel has joined the United States Army JAG Corps

Fri, 10/01/2010 - 5:00 am

Judge Waites would like to thank the Portrait Committee, South Carolina Bankruptcy Law Association and other members of the Bar for their support and contribution to the presentation of his portrait at the ceremony yesterday. It was a wonderful celebration!

Wed, 9/08/2010 - 5:00 am

The Court has received an increasing number of notice of payment changes from creditors electronically filed in CM/ECF under the "correspondence" event. The Court also receives a variety of other documents incorrectly filed by creditors under this event such as escrow analysis statements and tax appraisals. Such documents are not correspondence to the Court and should not be filed under this event. A notice of payment change or escrow analysis may be filed as an amended proof of claim, if appropriate, but should not be placed on the docket unless the document is an attachment or exhibit to a pleading. The Court may review the filing privileges of parties that misuse CM/ECF events.

Thu, 9/02/2010 - 5:00 am

Judge Duncan welcomes Dawn Hardesty as law clerk in his chambers effective August 30, 2010. Dawn is a 2010 honors graduate of the University of South Carolina School of Law. Judge Duncan also thanks Harrison Penn for two years of service as law clerk. Harrison's last day is September 10, 2010 and he leaves to join McCarthy Law Firm LLC.