Hearing Notes

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Hearing Notes for:

06/24/2008 - Disputed

07/10/2008 - Confirmation

07/10/2008- Miscellaneous

Court Rulings for:                     

05/27/2008 - Disputed

06/24/2008 - Confirmation

06/24/2008 - Miscellaneous

Archives

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.

Abbreviations /terms commonly used in these forms are as follows:

C1: 

the plan is otherwise confirmable, but either documents are needed, something needs review, or deadlines haven’t passed.  If this recommendation is made, and you intend to file (or have filed) a plan after the date of the plan indicated, please contact this office so that we do not confirm the wrong plan.

C2:

the plan dated on the chart is NOT confirmable and an amended confirmable plan must be filed within 10 days of the hearing date or the case will be dismissed. 

C3:  

case is dismissed (or if on hearing notes, trustee is recommending dismissal) 

10 day order (if “yes” in column):

Debtor was given additional time, pursuant to Local Rule 3015-2(b)

(see http://www.scb.uscourts.gov/library/lrules/newrules/3015_2.htm) to provide documents requested before the hearing.  Case will be dismissed unless documents listed in “documents needed” column are provided within 10 days of the hearing date.

Am Sched:

Amended Schedule, properly filed in compliance with Local Rule 1009-1 (see

http://www.scb.uscourts.gov/library/lrules/newrules/1009_1.htm)

AP:

Amended Plan.

Fee App:

Debtor’s attorney must file a formal application for approval of fees requested.

SE ltr: 

response to the self employment letter sent by this office to the debtor. 

Bus budget:

Budgets requested in the response to self employment letter, as attachments thereto.

RE tax/ RE tax assmt:

real estate tax assessment from the county in which real property is located, showing the value of the real property.

See §341 notes:

refer to the notes handed out at the §341 meeting to the debtor’s attorney, or to the attorney standing in for debtor’s attorney.  If you have an attorney standing in for you, please ensure that you get the notes.

PPSC:

 post petition support certificate as required by Local Rule 3015-1(g) (see http://www.scb.uscourts.gov/library/lrules/newrules/3015_1.htm) Form is Exhibit F to that Rule (see http://www.scb.uscourts.gov/library/forms.htm)

OCP:

Order Confirming Plan.

DSO:

Domestic Support Obligation/ Obligee

SOFA:

Statement of Financial Affairs

Pls check claims:

It appears that claims may have been filed after the §341 notes were generated that change the figures showing on those notes.  Please check the claims register and the Trustee website before filing the amended plan to make sure you have taken all claims into account. 

 

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Last modified: 01/18/07