James M. Wyman
Charleston, SC
Phone: (843) 388-9844
Fax: (843) 388-9877
Hearing Notes for:
09/09/2010 - Confirmation
09/09/2010 - Miscellaneous
Court Rulings for:
08/26/2010 - Miscellaneous
08/12/2010 - Confirmation
08/12/2010 - Miscellaneous
NOTES REGARDING HEARING NOTES/ RULINGS LISTS:
Initial recommendations (“hearing notes”) for both confirmation and for miscellaneous hearings will be posted on this website at least one full week before hearings. FINAL RECOMMENDATIONS (replacing the original “hearing notes”) will be posted on the Monday or Tuesday before hearings. Anything not resolved by end of day Friday before hearings will be listed as contested for the hearing and the judge’s chambers will be so notified so that they can review the file in preparation for the hearing. The debtor’s attorney and debtor, and creditor’s attorney, and any necessary witnesses, should plan to be at the hearing. The list of final recommendations will be available in printed version in the courtroom.
For any information on miscellaneous hearings set for the date indicated, please contact the Trustee’s office by calling (843) 856-2411.
For any information on confirmation hearings, please contact Beth Renno at (843) 856-2412, or renno@charleston13.com.
Please do not call and simply leave a message that you “consider it resolved” – you MUST speak to someone at this office, or receive a reply in writing, to have corresponded with this office.
We intend to post final rulings within 3 business days of the hearings, but you are responsible for following the rulings yourself – do not rely upon us to contact you if there are deadlines set. If we have made an error on this list, or if you disagree with the information please contact Beth Renno at renno@charleston13.com immediately, as we will act upon the deadlines therein.
NOTES TO DEBTOR’S ATTORNEYS:
Regarding motions to reconsider dismissal: All funds required to bring the case current must be received by this office no later than five (5) days prior to the hearing. The hearing notes will indicate any funds still due to date, and any other objections that the Trustee has to the motion. If we know that the hearing will be contested, we will list that in the hearing notes. In any others, we will not be able to determine which of these will be contested until the date of the hearing, because the debtor must be present. All withdrawals on the day of the hearing will be heard by the Judge.
Regarding confirmations: We will no longer routinely agree to 10 day orders for documents requested but not produced – we will ask for the dismissal of the case pursuant to Local Rule 3015-2(b) (see http://www.scb.uscourts.gov/library/lrules/newrules/3015_2.htm). Included in the documents that will need to be produced will be an amended budget showing the ability to afford the payment, if the plan is amended and the plan payment exceeds the “monthly net income” on Schedule J. We will object to confirmation of any plan which is not affordable according to the Schedules.
