News & Announcements: 03/2024 https://www.scb.uscourts.gov/news/blank/case_filing_reports.html en Practice Reminders https://www.scb.uscourts.gov/news/practice-reminders <div class="field field--name-body field--type-text-with-summary field--label-hidden"><div class="field__items"><div class="field__item even" property="content:encoded"><p></p><p>The Judges remind the bar of certain requirements provided in the Court’s Local Bankruptcy Rules.</p><br /> <p><strong><u>Delegated Service of Certain Orders and the Filing of Certificates of Service <br /></u></strong>SC LBR 5075-1 delegates the service of a variety of orders, including orders confirming plans, claim orders, orders on motions to reconsider dismissal, and orders on motions to extend stay.  Consult the Rule for a complete list. Although the docket text generated upon entry of the order may reflect and remind you that service of the order is delegated, it is the filer’s responsibility to conform to the Rules.  Moreover, some orders may have language delegating service on a particular party.  Accordingly, it is imperative that you also review every order to ensure you comply with the delegated service provisions.  <br />SC LBR 9013-3 requires filing certificates of service.  It appears that many attorneys either are not serving delegated orders or are serving orders but not filing certificates of service.  Failure to comply with the Rules may affect the enforceability of these orders.  Please review your internal office procedures to ensure that you comply with these Rules.</p><br /> <p><strong><u>Timely Filing and Scheduling of Motions to Extend Stay</u></strong><br />The Court has received numerous Motions to Extend Stay pursuant to 11 U.S.C. § 362(c)(3) filed weeks after the bankruptcy petition was filed. This results in the inability to comply with SC LBR 9013-4(b)(1)(A) and Exhibit B thereto (Motions/Applications approved for non-passive, self-scheduled hearings), which requires a 14-day notice of the hearing and an objection date that is at least 7 days prior to the hearing date. Failure to timely file the Motion may also result in expiration of the automatic stay prior to the hearing date.  While compliance with the 7-day requirement under SC LBR 9013-1 may sometimes be difficult depending on available self-scheduled hearing dates, it can be easily attained and unnecessary hearings avoided if the Motion is filed with the petition. It is the debtor or debtor attorney’s responsibility to affirmatively address any such timing issues. An affidavit or declaration consistent with 28 U.S.C. § 1746 of the movant in support shall be filed and served with the Motion. </p><br /> <p><u><strong>Disclosure of Attorney’s Fees</strong></u><br />Chapter 13 debtor’s attorneys are reminded that those opting for payment pursuant to SC LBR 2016-1(b)(1) (expedited fee approval procedure) by filing the Attorney Fee Disclosure Statement pursuant to Fed. R. Bankr. P. 2016(b) (Director’s Bankruptcy Form B2030) are required to include a copy of their signed representation agreement with the debtor(s) when filing the B2030 Form.  Additionally, SC LBR 2016-1(b)(2) requires disclosure of any supplemental compensation regardless of whether the amount will be paid through disbursements by the Trustee or paid directly by the debtor(s).  This disclosure may be accomplished through an amended B2030 Form or by filing a Statement of Supplemental Fees.  </p> </div></div></div> Tue, 26 Mar 2024 19:17:27 +0000 opinionsclient 4679 at https://www.scb.uscourts.gov https://www.scb.uscourts.gov/news/practice-reminders#comments SCBLA Annual Seminar https://www.scb.uscourts.gov/news/scbla-annual-seminar <div class="field field--name-body field--type-text-with-summary field--label-hidden"><div class="field__items"><div class="field__item even" property="content:encoded"><p></p><p>The annual seminar of the South Carolina Bankruptcy Law Association was held this past weekend at Jekyll Island.  Congratulations to the board and the seminar committee for a successful seminar.  During the seminar, two members of the bar – and the Court – were recognized with awards and the Court extends congratulations to these honorees.<br /> <br />Hon. Helen E. Burris received the J. Bratton Davis Professionalism Award. This award is named in honor of J. Bratton Davis, this district’s first bankruptcy judge under the Bankruptcy Code. The award honors unimpeachable integrity, devotion to legal scholarship, civility to all, unfailing professionalism in all ways, and impressive contributions and improvements to the legal profession. Judge Burris was nominated by sixteen members of the bar who recognized her embodiment of these characteristics through her prior experience in private practice, as a chapter 13 trustee, and while serving on the bench.  Upon graduating from the University of North Carolina School of Law at Chapel Hill in 1989, Judge Burris served as a law clerk to the Hon. Marvin R. Wooten in Charlotte.  She is licensed in North and South Carolina and previously represented debtors, a chapter 7 trustee, and creditors at large and small firms until her appointment as a standing chapter 13 trustee.  In 2006, Judge Burris was appointed to the bench and has served as the Court’s Chief Judge since March 2020.  She has presided over approximately 50,000 bankruptcy cases and more than 1,100 adversary proceedings.  Since her appointment, Judge Burris has been heavily involved with the Judicial Conference and Administrative Office of the United States Courts by serving on various national committees, including a member and chair of the Judicial Conference Committee on Audits and Administrative Office Accountability, the 2020 Ad Hoc Strategic Planning Group for the Judicial Conference, and the Next Generation of CM/ECF Committee.  She was also a member of the Board of Governors for the National Conference of Bankruptcy Judges and has served locally as a member and former president of the South Carolina Bankruptcy Law Association, former member and chair of the South Carolina Supreme Court Bankruptcy and Debtor-Creditor Specialization Advisory Board, and a member of the J. Bratton Davis Bankruptcy American Inn of Court.  </p><br /> <p>Hon. John E. Waites was honored with the William E.S. Robinson Public Service Award. This honor is awarded to a member who has rendered distinguished public service to the legal profession and the community, as was exemplified by Billy Robinson.  Those nominating Judge Waites reflected on his career dedicated to public service and his many contributions to the area of indigent services and the promotion of pro bono efforts by the bankruptcy bar.  From his appointment in 1994 to his retirement in 2022, Judge Waites expanded the Court’s pro bono program, served on the South Carolina Supreme Court Access to Justice Commission and the SC Bar Pro Bono Committee, and founded the South Carolina Credit Abuse Resistance Education (CARE) Program and the J. Bratton Davis Inn of Court. He also was instrumental in the development of several other public service programs at the Court, including the Pro Se Debtor Assistance Program, a bankruptcy-focused Ask-A-Lawyer program, and bankruptcy legal clinics.  Judge Waites has received recognition and awards from various entities, including the Pro Bono Service Award from South Carolina Legal Services (2013), a Special Pro Bono Award from the SC Bar (2013), the J. Bratton Davis Professionalism Award from the South Carolina Bankruptcy Law Association (2014), the Matthew J. Perry, Jr. Civility Award from the Richland County Bar Association (2015), the Pro Bono Service Award from the Legal Services Corporation of the U.S. (2016), the Lifetime Achievement Award from the National CARE Financial Literacy Program (2019), and the Order of the Palmetto from Governor McMaster (2022).<br />Congratulations to Judge Burris and Judge Waites for these well-deserved honors and their lasting impacts on the bankruptcy bar, the public, and the Court. <br /></p> </div></div></div> Mon, 25 Mar 2024 15:10:35 +0000 opinionsclient 4678 at https://www.scb.uscourts.gov https://www.scb.uscourts.gov/news/scbla-annual-seminar#comments Internship Opportunity https://www.scb.uscourts.gov/news/internship-opportunity <div class="field field--name-body field--type-text-with-summary field--label-hidden"><div class="field__items"><div class="field__item even" property="content:encoded"><p></p><p>The Court is recruiting an undergraduate student to serve as an<a href="https://www.scb.uscourts.gov/pdf/job_postings/24-02 Student Intern.pdf"> intern </a>for a one-year term at its Columbia location.  The internship is part of the Model Intern Program offered through the Administrative Office of the United States Courts.  The Program is designed to promote diversity, equity, and inclusion among the judiciary by providing talented, underserved college students the opportunity to compete for paid internships with federal courts.  </p><br /> <p>Information about how to apply is contained in the <a href="https://www.scb.uscourts.gov/pdf/job_postings/24-02 Student Intern.pdf">vacancy announcement</a>.  To be considered for the position, all information required by the vacancy announcement must be provided with the application in the manner described in the announcement.  AO Form 78 may be found <a href="https://www.scb.uscourts.gov/pdf/job_postings/AO_078 revised 2022-4-26 (1).pdf">here</a>.</p> </div></div></div> Thu, 14 Mar 2024 19:18:08 +0000 opinionsclient 4674 at https://www.scb.uscourts.gov https://www.scb.uscourts.gov/news/internship-opportunity#comments March 20th Charleston Hearings https://www.scb.uscourts.gov/news/march-20th-charleston-hearings <div class="field field--name-body field--type-text-with-summary field--label-hidden"><div class="field__items"><div class="field__item even" property="content:encoded"><p>Due to construction work taking place in the Charleston courtroom, Judge Gasparini's hearings scheduled for Wednesday, March 20th will not be held in person at that location.  The courtroom deputy will contact the affected parties to reschedule or accommodate holding hearings in a different venue.  If you have any questions, please contact Nicole Beaulieu at 843-725-7205.</p> </div></div></div> Mon, 11 Mar 2024 13:16:26 +0000 opinionsclient 4671 at https://www.scb.uscourts.gov https://www.scb.uscourts.gov/news/march-20th-charleston-hearings#comments