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Chambers' Bulletins
04/2017

New and Updated CM/ECF Events for Cases Assigned to Judge Waites
Mon, 4/17/2017 - 2:09 pm

The Court has made two new CM/ECF events available for use in cases assigned to Judge Waites as well as updated one event currently in effect, which are available starting today, Monday April 17, 2017. These events eliminate the need for counsel to file a proposed orders in these matters.
 

  • “Request for Settlement Order on Motion for Relief from Stay (Judge Waites)” – This CM/ECF event replaces the “Request for Settlement Order on Motion for Relief from Stay” for Judge Waites cases and incorporates most of the standard § 362 settlement orders included in the Chamber Guidelines. This event is a text event, similar to the “Certification of No Response and Request for 362 Default Order” in that it is only necessary for counsel to complete the inputs in CM/ECF, and a proposed order will be created based on that information. This event is not available for the 362 settlement order that resolves a motion through LM/MM (Exhibit N in Chamber Guidelines).
  • “Affidavit of Default on 362 Settlement Order and Request for Order Granting Relief” – This CM/ECF event may be used in lieu of filing an affidavit of default and proposed order based on an ex parte relief provision of a § 362 settlement order. Upon the completion of this event and the uploading of affidavit of default on a § 362 settlement order and corresponding payment history (as limited under the recent changes to Chamber Guidelines), a proposed order granting relief will be created for the Judge’s consideration.
  • “Loss Mitigation/Mediation” event under the “Motions/Applications” category in CM/ECF – Parties are no longer required to file a proposed order requiring LM/MM and a proposed order appointing LM/MM mediator when filing under this event. Upon the completion of the event and the uploading of a notice and motion for LM/MM, the proposed orders will be drafted based on the information entered by counsel.

The proposed orders generated by these events are in conformance with the standard orders listed in the “Judge Waites Local Forms” section of the Court’s webpage, which is available here.

Local Rule 3015-5 Amended
Wed, 4/12/2017 - 4:47 pm

Pursuant to SC LBR 9029-1, which allows the Court to make technical corrections to any local rule at any time, SC LBR 3015-5, as well as Exhibits A and E to SC LBR 3015-5, have been amended.  The Rule has been amended to extend the time for a debtor to file his Certification of Plan Completion and Request for Discharge and Notice of Certification of Plan Completion and Request for Discharge from fourteen to twenty-eight days from the date of the trustee’s Notice of Plan Completion and Notification of Need to File Request for Discharge.  Paragraphs 1 and 2 of Exhibit A to SC LBR 3015-5, the Certification of Plan Completion and Request for Discharge, have been amended to clarify which payments the debtor is certifying he has completed.  Finally, Exhibit E to SC LBR 3015-5, the Trustee’s Notice to Debtor of Plan Completion and Notification of Need to File Request for Discharge, has been revised to be consistent with the language of the Rule and Exhibit A.  A copy of Operating Order 17-03, adopting the amendments, is available here.

Amended Chamber Guidelines for Judge Waites
Fri, 4/07/2017 - 11:20 am

Judge Waites has amended his Chambers Guidelines effective April 10, 2017. Click here for a copy of the amended Chamber Guidelines. The primary changes are to incorporate several of the recent procedure changes announced by Judge Waites on the News and Announcement section of the Court’s website, including updated Chapter 13 attorney’s fees guidelines, revised LM/MM guidelines, additional standard § 362 Settlement Orders, and procedures for valuation mediations. In addition, the amended guidelines change certain procedures for matters assigned to Judge Waites, including revising the deadline for filing joint statements of dispute in chapter 13 cases to two business days prior to the hearing.

A bar meeting in the Columbia and Charleston divisions will be held within the next several weeks to review and highlight the most important changes.

Judge Waites invites comments or suggestions to be directed to Andrew Powell by email to Andrew_Powell@scb.uscourts.gov on or before April 17, 2017.

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