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Judges' Corner Archive

November CARE Program Presentations
Wed, 11/07/2007 - 4:00 am


The Bankruptcy Court is seeking volunteers to participate in the following CARE Program presentations scheduled for November:


November 14, 2007-The Technology Center, Orangeburg Consolidated District # 5


Two Sessions (25 students per session)


1st - 8:00 a.m. to 9:30 a.m.


2nd - 9:30 a.m. to 11:00 a.m.


Two volunteers are needed for this presentation (one volunteer for each session).


November 28, 2007 - Lexington High School


Two sessions (170 students per session)


1st - 9:00 a.m. to 10:00 a.m.


2nd - 10:15 a.m. to 11:15 a.m.


Four volunteers are needed for this presentation (two volunteers for each session).


Please send an e-mail to Lisa Dunbar at care@scb.uscourts.gov by November 9, 2007 if you are interested in volunteering for any of these sessions. If you have any questions, please contact Lisa at (803) 765-5159.

Consumer Practice Initiatives
Wed, 11/07/2007 - 4:00 am

Consumer Practice Initiatives: The following information may be of interest to the bar.


A. Chapter 13 Attorneys Fees: An operating order that establishes an expedited procedure for approval of attorneys' fees in chapter 13 cases is in its final stages and has been forwarded to the Court's Advisory Committee for consideration. In association therewith, the court is also considering certain minor changes to the language of the form plan required by the new procedure. Upon finalization, the new procedures would be published with an effective date of January 1, 2008.


B. Working Group on Mortgage Related Issues: A Working Group of lawyers representing all practice specialties and geographic areas was appointed on September 30, 2007 to discuss various issues arising in 362 practice and related mortgage issues. The Group made its report on November 1 with the following among its several recommendations:

1. The court should enforce the requirement in the 362 Certification of Facts form for a complete post petition payment history in order to improve the resolution of payment disputes.

2. The court should consider a 24 month sunset provision for the ex parte relief provisions of a consent 362 order. In the event of a default after 24 months, the debtor would be afforded an opportunity to respond to the assertion of default either in a pleading or at a hearing.

3. The court should provide guidance on allowable post petition charges or fees for mortgage creditors.

4. The present reinstatement of stay and resumption of payment procedures appear effective for addressing those situations. The adoption of a form for a reinstatement of stay order may be helpful.

5. The present methods of asserting disputes between a debtor and a mortgage creditor regarding incorrect charges or fees appear effective in providing a resolution.


The Working Group discussed but could not agree to recommend the proposal for inclusion of additional language in the form plan that references 524(i) and specifically the language referenced in the Ballard decision which is used by a district in North Carolina. After consideration by the judges, the Working Group recommended further discussion of this issue. Until that time, these matters would be addressed by the court on a case by case basis.


The judges appreciate the contribution of the members of the Working Group: Cynthia Lowery, Dana Wilkinson, Eddye Lane, Jennifer Rubin, John Kay, and Michael Drose.

November 16, 2007 Paralegal Seminar
Tue, 11/06/2007 - 4:00 am

Reminder that the registration deadline for the paralegal seminar is Friday, November 9, 2007. Click here for registration details and the seminar agenda. Please allow enough time to enter the courthouse and be seated for the 9:30 a.m. opening remarks - new security regulations mandate the removal and x-ray of shoes for visitors that trigger the metal detector.
Social Hour
Fri, 11/02/2007 - 5:00 am

The Judges of the United States Bankruptcy Court would like to invite the members of the Bankruptcy bar to join them for a social hour on November 19, 2007 at 5:30 p.m. at the Flying Saucer. The Flying Saucer is located at 931 Senate Street in the Vista. If you have any questions, please feel free to contact Sarah Kistler at (803) 765-5030.
November 16, 2007 Paralegal Seminar
Fri, 10/26/2007 - 5:00 am

Click here for registration details. Deadline is Friday, November 9, 2007.
United States Trustee
Fri, 10/26/2007 - 5:00 am

The UST asked that the attached vacancy notice be announced (Trial Attorney)

Bankruptcy Attorney Thomas Moore Patrick, Jr
Thu, 10/25/2007 - 5:00 am

We are sad to announce the passing of bankruptcy attorney Thomas Moore Patrick, Jr. A copy of the complete obituary can be viewed by clicking here.
Bankruptcy Ask-A-Lawyer Program
Wed, 10/24/2007 - 5:00 am

A second Bankruptcy Ask-A-Lawyer program was conducted on October 23, 2007. The Court thanks Sheryl Bland, Jane Downey, Annemarie Mathews, and Sheryl Schelin for the volunteering of their time and efforts to the program.


The next two sessions for Ask-A-Lawyer are planned for November 27, 2007 and December 11, 2007. If you are able to volunteer for the December session, please contact Jeff Davis at waites_chambers@scb.uscourts.gov Volunteers receive pro bono credit from the Bar. Attorneys outside of Columbia may volunteer without traveling to Columbia as local volunteers can forward callers to your office during the designated call time.

Law Clerk Vacancy
Thu, 10/18/2007 - 5:00 am


Judge Duncan is accepting applications for a law clerk (one or two year term) with employment to commence in September 2008. The vacancy announcement may be reviewed here.

BANKRUPTCY PARALEGAL SEMINAR
Tue, 10/16/2007 - 5:00 am


The U.S. Bankruptcy Court will partner with the South Carolina Bankruptcy Law Association to sponsor its annual Paralegal Seminar to be held on November 16, 2007 at 9:30 am at the J. Bratton Davis U.S. Bankruptcy Courthouse, 1100 Laurel Street, Columbia, South Carolina. Details on registration and the program will be announced in the near future.

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