The Court would like to thank Phil Fairbanks, Nancy Johnson, Pamela Simmons-Beasley, Eddie McDonnell, and Jimmy Wyman 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 29. If you are able to volunteer for any of these sessions, please e-mail Jeff Davis at scbcaskalawyer@scb.uscourts.gov.

With the concurrence of the United States District Court, the Bankruptcy Court may periodically schedule hearings in the Beaufort Federal Courthouse, Beaufort, S.C. The Judges shall consider Charleston Division cases for scheduling in Beaufort at their discretion or upon the suggestion of parties in interest. Judges Waites and Duncan, who are the Judges presently assigned to that division, will initially consider hearings in cases or adversary proceedings which are expected to take more than 2 hours in presentation or which are of particular interest or convenience to parties in the Beaufort area. Any suggestion of such matters by counsel should be made well in advance of the necessary hearing date and should be directed to the respective chambers staff of the assigned judge or to courtroom services. Examples of matters that may be considered are Chapter 11 matters, trials in adversary proceedings, motions for summary judgment and matters involving predominantly local witnesses. The Judges may require the consent of counsel, if known, before considering Beaufort as the location of any hearing. Consumer case matters will not be considered without the consent of the trustee.

Matters should not be self scheduled for that location at this time. Any questions should be directed to chambers or Jeff Davis, Chief Deputy Clerk of Court.

Judge Waites and the staff of the Bankruptcy Court would like to thank Marilyn Gartley for her service as law clerk. Marilyn will join Eric Reed in practice on October 1, 2009. We all wish her well as she enters private practice.

Judge Waites is also pleased to announce that Sarah Dixon Wendell will join his chambers as a law clerk on August 31, 2009. Sarah is a 2007 honors graduate of the University of South Carolina School of Law and recently practiced as a staff attorney with the South Carolina Supreme Court. Sarah joins Sarah Kistler as the Judge's two law clerks and will split her time between the Columbia and Charleston offices.

As a result of negotiations regarding relief from stay or treatment under a chapter 13 plan, debtors and creditors may agree to modify mortgages to include new terms. When such agreements do not involve the incurring of new debt, the debtors' requests for approval of such relief have been frequently characterized by the filing parties as motions to modify mortgage. When such modifications are consensual, the Court has been accepting, without motion or hearing, consent orders that are signed by counsel for the debtor, the mortgage creditor, and the chapter 13 trustee. In connection therewith, the chapter 13 trustees in this district have identified language which they require in order for them to consent. The order should provide that there will be no extension of additional funds beyond what is already owed; that payments to other lien holders under the plan will not be affected; and that the proposed modification has no detrimental effect on other creditors and is in the best interest of the debtor and the estate. The order should also address whether payments to the creditor, whose loan is to be modified under the plan, will continue or terminate upon entry of the order.

If a consent order is not presented with the motion to modify mortgage, the motion should be scheduled passively pursuant to SC LBR 9013-4 and noticed to the proper parties in interest. The passive notice list has been updated to clarify that such motions may be filed with a fifteen day notice period. If the modification to the mortgage involves new debt, a motion to incur debt may be filed, which also should be passively noticed to all creditors and parties in interest according to the Local Rule.