The Local Rules have been amended to incorporate revisions to SC LBR 1073-1 and to add SC LBR 7030-1. Specific changes are noted in the comments to each rule. Please also note that certain forms promulgated by the Judicial Conference are changing effective April 1, 2010. The petition, proof of claim form, and certain other forms are being amended to include adjustments to dollar amounts in accordance with 11 U.S.C. § 104. The Director's Form regarding reaffirmation agreements is also being amended to include instructions and to simplify the language found in the current form. The current Director's Form will remain as an alternate form and either form my be used in accordance with SC LBR 4008-1. Further details on these form changes may be found at www.uscourts.gov/bankform/index.html.
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Judges' Corner Archive
Upon the agreement of the Judges and the Local Rules Committee, the United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of March 31, 2010. Revised Local Rule 1073-1 incorporates Operating Order 09-05 and sets forth the Court's existing practice regarding the assignment of certain cases. The new rule removes Exhibit A and utilizes a new CM/ECF event, "Certification Regarding Judge Assignment," which will be used in place of the existing form. Proposed 7030-1 incorporates the District Court's rule regarding depositions and examinations. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by Friday March 19, 2010. The Judges and Clerk wish to thank the Local Rules Committee for their review and submissions made.
The Judges of the Court would like to thank Barbara Barton; Weyman Carter; John Kay; Robert Meredith; Herman Richardson; Tim Stack; and Michelle Vieira for serving on the local rules committee and Charles Bernstein, Christopher M. Edwards, George O. Hallman, Jr., J. Martin Harvey, Daryl G. Hawkins, Eddye L. Lane, Cynthia J. Lowery, Daniel A. Stone, and William K. Stephenson for serving on the interest rate committee. Those interested in serving on the local rules committee or the interest rate committee for the next two years should contact Jeff Davis at Jeff_Davis@scb.uscourts.gov by no later than March 10, 2010.
The Court would like to thank Kevin Campbell, Suzanne Campbell, David Gaffney, Suzanne Grigg, Janet Haigler, and Eddie McDonnell for volunteering for the Ask-A-Lawyer program this past quarter. The next Ask-A-Lawyer sessions are planned for January 28, February 25, and April 1. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.
Among the time-computation amendments to the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2009, are changes to 12 rules that will result in a reduction by one day (from 15 to 14 days) of the time to take action. The affected rules are Bankruptcy Rules 1007, 1019, 1020, 2015, 2015.1, 2016, 3015, 4001, 4002, 6004, 6007, and 8009. Please take note of these changes and particularly of the new 14-day deadline for filing schedules, statements, and other documents under Rule 1007(c); for filing a chapter 13 plan under Rule 3015(b); and for filing appellate briefs under Rule 8009(a). The Court will also post the updated version of the Local Rules on December 1, 2009.
The Judges of the Bankruptcy Court wish to recognize and thank Pamela Beasley for her presentation on November 14, 2009 to approximately 300 students at the U.S.C Spartanburg campus as part of the Court's C.A.R.E. (credit abuse education) program. The students gathered as part of the G.L.A.D. (Greeks Learning to Avoid Debt) program, a national initiative sponsored by the Kappa Alpha Psi Fraternity.
Attorneys and other professionals wishing to volunteer for similar presentations should contact Lisa Dunbar at care@scb.uscourts.gov or 803-765-5159.
Effective immediately, proposed joint statements of dispute, proposed joint pretrial orders, and proposed orders due from court are to be filed directly on CM/ECF. Currently these documents are noted on the Chambers Guidelines to be filed by e-mail to chambers. Filers should use the events specifically designated for these filings, as indicated by their title, and the applicable Judges' signature line should not be included on the documents. The Chambers Guidelines have been updated to reflect this information.
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. A Georgia woman was sentenced in federal court to fifteen months in prison for making false statements in a bankruptcy petition. The debtor failed to disclose previous bankruptcy cases and that she was the subject of an order barring her from filing further cases. The United States Attorney continues to investigate and prosecute other cases of alleged bankruptcy fraud. A copy of the press release is attached.
Pursuant to Operating Order 09-05, in order to assist in the balancing of the workload of the Judges of the Court, certain chapter 11 cases filed on or after November 15, 2009 should not be automatically assigned by filing counsel using the Judge/Trustee feature in CM/ECF.
The United States Bankruptcy Court posts these Local Rules for comment in anticipation of an effective date of December 1, 2009 and in conjunction with time computation amendments to the Federal Rules of Bankruptcy Procedure. In addition to time computation amendments, Rule 4008-1 has been amended to remove the local reaffirmation agreement form and make reference to the Director's Form, which should be submitted in conjuction with the new reaffirmation agreement cover sheet. Notes are appended to each revised rule. Comments should be submitted to scbc_lr_review@scb.uscourts.gov by no later than Friday, November 20, 2009. The Judges and Clerk wish to thank the Local Rules Committee for their review and comments to these rules.