The judges presiding in the Spartanburg Division would like to invite you to join them for an informal lunch following court in Spartanburg on Thursday, October 18. We will meet at the Sun King Super Buffet at 12:30 p.m. The Buffet is located at 1915 E. Main Street in Hillcrest Center, between Steinmart and Publix. The cost is $5.25 per person and regular menu items are also available.

If you have any questions or need directions, please contact Reggie Reinovsky at (864) 591-5317.

The Court has formed a working group to consider issues related to the treatment and collection of mortgage debt in bankruptcy cases in order to consider improvements in its procedures, rules or forms, especially in light of experience under the Reform Act. The members are:

Cynthia Lowery
Eddye Lane
Dana Wilkinson
Jennifer Rubin
Michael Drose
John Kay

Some of the issues to be discussed include the following:

1. Resolution of payment disputes and changes to the certification of facts form;
2. Time limit for the defaulting of 362 settlement orders. It has been suggested that defaulting a debtor and seeking ex parte stay relief may not be appropriate if debtor has consistently performed under the order for several years;
3. Harbin order: Is Local Rule language sufficient to ensure that excess proceeds are returned for the benefit of creditors?;
4. Assertions by creditor of default or claim for charges that accrued post confirmation after debtor has performed under the plan and received discharge in chapter 13 case, including issues related to section 524(i);
5. Reinstatement of stay grounds and frequency, attorneys fees for creditor error;
6. Reaffirmation Agreement Procedures;
7. Adversary Proceedings to Set Claims and deny charges ( see for example adv. 07-80093), also adversaries to declare debt current after completion of plan.

If you have suggestions or issues for discussion in this area, please contact any member of the working group.

The group has been asked to complete its recommendations within the next several weeks.

The Judges seek public comment and suggestions on the attached proposed operating order which seeks to establish an efficient procedure for the payment of attorney's fees to debtors' attorneys in Chapter 13 cases. To the extent the implementation of this order will require changes to the form plan used in this District, those changes will be made after the finalization of the order.

The operating order was proposed after consultation with a working group of attorneys and trustees and after receipt of comments from the Court's advisory committee.

Comments should be forwarded to waites_chambers@scb.uscourts.gov or sent by mail to Attn: Chapter 13 Fee Order Comments, U.S. Bankruptcy Court, 1100 Laurel Street, Columbia, SC 29201, for receipt no later than October 1, 2007. Comments may be sent anonymously by mail if preferred.

Chief Judge Waites has appointed a working group to consider Local Rule changes applicable in Chapter 11 cases in light of experience under the Reform Act. The members are:

Bill McCarthy
Rick Mendoza
Barbara Barton
Bill Short
George Cauthen
Dave Wheeler
Tim Stack

The working group will make suggestions in a report to the Court in early October, 2007. Any suggestions will be considered by the Court's Advisory Committee and then published for public comment. If you have suggestions for the Chapter 11 local rules, please contact any member of the working group.