The Judges have recently noticed that the procedure followed during the consent/dispute docket has begun to vary from that set forth in the Chambers' Guidelines. Therefore we would like to remind the members of the bar of several of the Court's requirements, which are more fully set forth in those Guidelines: 1. Absent approval from chambers, the Trustee may only continue matters under his/her discretion one time for a maximum of a month, from a consent docket to the next consent docket. The hearing following any continuance should be on a dispute day with a joint statement of dispute being filed, unless otherwise excused by chambers. Requests for longer continuances should be by motion with a proposed order or requested during a hearing before the judge. 2. Hearings on matters set or continued by chambers by order or letter (as opposed to scheduling done by parties) on the consent day may not be continued or removed by the Trustee without the approval of the court. 3. Counsel may only be excused on the consent day if there are no outstanding issues with the Trustee or with any other party. In that event, the Trustee's recommendation would likely be either confirmation or a CI order. Counsel should attend if sufficient information has not been provided to the Trustee to complete his/her recommendation at the time of the hearing. In regards to objections by other parties, counsel should attend unless the issues are fully resolved and one counsel or the Trustee is reporting that resolution on the record. 4. Disputed matters require a joint statement of dispute unless excused by chambers which is often done on routine confirmation issues between the Trustee and the debtor, such as a failure to file necessary information or feasibility issues being raised by the Trustee. The requirement of a joint statement of dispute is particularly helpful on Reform Act issues or issues being litigated between private parties. It is important that parties complete the joint statement in full, setting forth all relevant facts, arguments, and case law. Absent removal of a matter from the calendar or the parties being excused by chambers, counsel and the debtor should attend the hearing scheduled on the dispute calendar. The Judges appreciate the bar's attention to these procedures.
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Judges' Corner Archive
Judge Waites and the Clerk of Court will join the Charleston bankruptcy bar for a social today at 5:30 p.m. at the Top of Vendue Inn. Everyone is invited to join us.
The Judges of the Court have agreed to a review of the Chapter 13 form Plan and related Orders/Rules used in this District. To assist in that effort, a six person working group comprised of two trustees, two members of the Court's Advisory Committee, and two members who specialize in this area of practice has been appointed. The members are Keenan Stephenson, Gretchen Holland, Linda Barr, Lex Rogerson, Weyman Carter and Rob Meredith. Members of the bar or the public, trustees, or any other party may make suggestions directly to any member of the working group or to the Judges via waites_chambers@scb.uscourts.gov. The working group will present its recommendations to the Judges and the Court's Advisory Committee. Any proposed changes will be presented for public comment prior to implementation.
The Court thanks Jane Downey, Eddie McDonnell, and Dan Stone for volunteering their time to the April Ask-A-Lawyer program. The next Ask-A-Lawyer session is planned for May 2, 2008.
The Judges and the Clerk of Court would like to thank the following attorneys and paraprofessionals Rick Richardson, Karen Ferguson, Linda Barr, Kim Johnson, Lex Rogerson, Kim Harbison & Jamie Presly for taking the time and interest to preview and comment on the court’s proposed website scheduled to be made public in the near future. Many suggestions have already been put into our continued development of the new website. These include enhancements to the Opinions page and access to recently posted opinions, reformatting of the Local Rules page and enhanced communication of updates to the Rules, and overall suggestions on content and placement of critical information. The new website will provide a more user friendly, concise delivery of information and the Court appreciates the input of the bar.
2008 Advisory Committee:
Michelle L. Vieira
Barbara G. Barton
Robert R. Meredith, Jr.
Herman F. (Rick) Richardson, Jr.
Weyman C. Carter
John S. Kay
John Timothy Stack
2008 Interest Rate Committee:
Charles S. Bernstein
Christopher M. Edwards
George O. Hallman, Jr.
J. Martin Harvey
Daryl G. Hawkins
Eddye L. Lane
Cynthia J. Lowery
Daniel A. Stone
William K. Stephenson, Jr.
In addition, effective February 22, 2008, involuntary bankruptcy petitions may be filed electronically via CMECF.