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Legislation, Bankruptcy, College Expenses & Docket Relief in the Family Court

Credit(s): 2.75 CLE Credits
Course Number: DL-708
Original Program Date: January 25, 2013
Duration: 2 hours 40 minutes
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  • This seminar deals with topical issues regarding Family Court matters including pending legislation in the Family Law area; parental responsibility for college expenses following McLeod v. Starnes; an update on the Bankruptcy Laws and their effect on the Family Court; how the practitioner can draft agreements while considering the possibility of bankruptcy; and Docket Relief through mediation, binding arbitration and appealable arbitration.

    Seminar Agenda
    Legislative Update
    Senator Gerald Malloy, Hartsville

    Update on Bankruptcy Laws and Their Effect on Family Court Matters
    The Honorable John E. Waites, Columbia

    Drafting Separation Agreements to Avoid or Ensure Bankruptcy Discharge
    Jane H. Downey, West Columbia

    College Expenses, Webb v. Sowell & McLeod v. Starnes, Where Are We?
    Dean Robert M. Wilcox, Columbia

    Docket Relief in the Family Court: A View from the Bar
    J. Mark Taylor, West Columbia

    2.75 CLE Credits
    Jane H. Downey

    Jane Downey is a Certified Specialist in Bankruptcy and Debtor/Creditor Law.  She graduated from Emory University School of Law, Furman University and Vanderbilt University.  

    Mrs. Downey offers a full service bankruptcy and workout practice, including representation of creditors, debtors and unsecured creditor committees in all matters arising under Chapters 11, 13, and 7 of the Bankruptcy Code.

    She is a Certified Specialist by the South Carolina Supreme Court in Bankruptcy and Debtor/Creditor Law and Board Certified by American Board of Certification in Business Bankruptcy. 

    Mrs. Downey has held offices in the South Carolina Bankruptcy Law Association. She is also the current Chair of the Bankruptcy & Debtor-Creditor Law Specialization Advisory Board. 

    Mrs. Downey is a member of the American Bankruptcy Institute and is recognized by the South Carolina Super Lawyers magazine as one of the top Bankruptcy attorneys in South Carolina

    Hon. Gerald Malloy

    Senator Gerald Malloy has represented District 29, including Chesterfield, Darlington, Lee and Marlboro counties, in the South Carolina Senate since 2002. 

    His story is much like other American success stories. He was raised in a small town by a strong middle-class family with good Southern values.  He used education and hard work to become successful, but has never forgotten where he came from and never neglected his obligation to share his success with his community. 

    After graduating from University of South Carolina School of law in 1988, he moved to Hartsville, SC to practice law, eventually establishing his own very successful firm. When a vacancy occurred with the death of a distinguished Senator from his district, Malloy seized that opportunity for service and ran an unexpectedly successful campaign to win the Senate seat. He then successfully defended that seat in a subsequent election. 

    Malloy has been honored by the South Carolina Library Association with the Friend of the Libraries Award for his work to establish and fund rural libraries. His vocal support of law enforcement led to him being honored by the Fraternal Order of Police with the Legislator of the year Award. The South Carolina Commission on Indigent Defense presented him with the Distinguished Service Award in 2008 and has since renamed the honor the “Gerald Malloy Distinguished Service Award.” 

    He is a lifetime member of the University of South Carolina Alumni Association and Omega Psi Phi Fraternity. Malloy is married to Davita McFarland Malloy. They have four children, Donovan, Jonathan, Jordan and Morgan. The Malloy Family attends Jerusalem Baptist Church in Hartsville.

    J Mark Taylor

    J. Mark Taylor was selected for inclusion in The Best Lawyers in America (Family Law), recognized by South Carolina Super Lawyers magazine as one of the top Family Law attorneys in South Carolina and has the highest individual rating of “AV” in Martindale-Hubbelll Law Directory. Mr. Taylor was the recipient of the University of South Carolina School of Law's highest alumni recognition, the Compleat Lawyer Award (Gold Medallion) in 2007.  

    Mr. Taylor is a current Fellow and Past-President of the S. C. Chapter of the American Academy of Matrimonial Lawyers, Past-Chair-Elect of the Family Law Section of the South Carolina Bar, a member of the Family Law Section of the American Bar Association, Past-Chair of the South Carolina Trial Lawyers Association Family Law Section, Past-Chair of the Family Law Committee of Lexington County, Lexington County liaison to the Family Law Committee of Richland County, former Eleventh Circuit Representative to the S. C. Family Lawyer, gubernatorial appointee to Joint Legislative Committee on Children and Families, liaison to S. C. Families for Kids Bench/Bar Committee, member of Steering Committee of Family Court Improvement Project, appointed member of Bench-Bar Committee to Study Work of Family Court, former Eleventh Circuit member of the South Carolina Bar Fee Disputes Board, Past-President of the Lexington County Bar Association, one of twenty-four Special Investigators appointed to assist the Disciplinary Counsel, and was a speaker on numerous Family Law Continuing Legal Education Programs (including JCLEs and judicial conferences). Over 95% of his practice involves matrimonial litigation and dispute resolution.

    The Hon. John E. Waites

    Judge John E. Waites is a graduate of Davidson College and the University of South Carolina School of Law. On June 27, 1994, he was appointed United States Bankruptcy Judge for the District of South Carolina. Prior to appointment, he was a partner at Nexsen, Pruet, Jacobs and Pollard, specializing in bankruptcy practice. Appointed by the United States Attorney General, Judge Waites served as United States Trustee for the 4th Judicial Circuit and District of Columbia from 1987-1992. Prior to that appointment, he was the Estate Administrator of the U.S. Bankruptcy Court in the District of South Carolina from 1984-1987.

    Robert M. Wilcox, Dean

    Rob Wilcox joined USC law faculty in 1986 after practicing with Dow, Lohnes & Albertson in Washington, D.C. and Atlanta. Among his primary teaching and research interests are Professional Responsibility, Real Property, and Trusts and Estates. He has written and spoken extensively on professional ethics, and from 2003 to 2008, served as the Director of the Nelson Mullins Riley &Scarborough Center on Professionalism, a USC School of Law -based clearinghouse of information and research pertaining to improvement of the character, competence, and conduct of legal professionals. He is the author of South Carolina Annotated Rules of Professional Conduct (with N•. Crystal) and has written a number of articles pertaining to legal ethics and professional responsibility.

    Dean Wilcox serves on Chief Justice's Commission on the Profession, and on the South Carolina Commission on Judicial Conduct. He is a former chair of the University of South Carolina Faculty Senate, a frequent presenter at continuing legal education seminars around the State of South Carolina, and a member of the Order of the Coif. He served as Associate Dean for Academic Affairs from 2006 to 2011 and became Dean on July 1, 2011. He received an A.B in 1978 from Duke University and a J.D. in 1981 from the University of South Carolina School of Law.

    DescriptionPagesFile Size
    JMarkTaylorMaterials.pdfNA759 KB
    JohnWaitesJaneDowneyMaterials.pdfNA2 MB

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