In June 2021, Judge Duncan will begin holding in person hearings in contested matters, including contested chapter 13 confirmation hearings,  motions for relief from stay, and matters in chapter 7, 11,  and 12 cases.  These hearings will ordinarily be scheduled in person; however, if extenuating circumstances exist and all parties agree, the hearing may be held virtually.  Parties should advise the Court as soon as possible if they wish for a hearing to be held remotely.  Masks will still be required for all parties attending in person hearings, and social distancing guidelines will still be observed.

In order to facilitate the Court's scheduling, parties should be diligent about settling matters and reporting any settlements to the Court.  Additionally, parties may not attend in person hearings if displaying any symptoms of Covid-19 or if quarantining due to possible exposure to Covid-19.  Chief United States District Judge R. Bryan Harwell's standing order restricting entry to federal courthouses by certain persons remains in effect.  If any party is unable to attend a hearing due to illness or exposure, the Court must be notified as soon as possible so that arrangements can be made to continue the matter to a later date.

For chapter 13 matters, Judge Duncan will continue his current practice of reviewing and disposing of all matters scheduled for 10 a.m. in advance of the hearing date.  If any party believes that a matter scheduled for 10 a.m. should be heard on the hearing date, chambers should be contacted as soon as possible.  To reduce the number of people in the courtroom, Judge Duncan will also continue his current practice of rescheduling matters scheduled for 10:30 a.m. for different times throughout the morning.  Chambers will provide parties with the time of their hearing by email.

Revised Form for Motions to Modify Plan After Confirmation

At the suggestion of members of the Creditor Bar to assist in their review of plans, the form to be used for motions to modify plan after confirmation under SC LBR 3015-2(b) in cases assigned to Judge Waites has been modified to include a description of the changes to the plan (which is similar to the current requirement of the other Judges in this District). A copy of the revised form is available here. This form is required for cases assigned to Judge Waites beginning on March 1, 2021.

Guidance on Supplemental Fee Requests

Judge Waites’ Chambers has created guidance for the filing of fee requests in chapter 13 cases assigned to him.

When utilizing the Statement of Supplemental Chapter 13 Attorneys Fee event under SC LBR 2016-1, the following information must be included:

1. Differentiating between Before and After Confirmation Supplemental Fees: The relevant fact in determining whether the Statement is “Before Confirmation” or “After Confirmation” is when the services comprising the supplemental fee are rendered. Therefore, if the services were rendered pre-confirmation, but the Statement of Supplemental Chapter 13 Attorneys Fees is not filed until after confirmation, the attorney should select “Before Confirmation” when filing the CM/ECF event.
2. Explanation for Supplemental Fees: In the description of the Statement of Supplemental Chapter 13 Attorneys Fees, counsel should provide a brief explanation as to why the services were unanticipated for each component of the services rendered.

Example: Supplemental Fees in this request: $500.00. Statement of Work: Assisting with the filing of a Motion for Moratorium due to unexpected reduction in work hours.

3. Breakdown of Requests Involving Multiple Services: For circumstances where the attorney is requesting approval of compensation for multiple services in a single request, the description should include a breakdown of the fees charged for each service completed.

Example: Supplemental Fees in this request: $500.00. Statement of Work: Assist with the filing of Amending Schedules and Statements ($200.00) and assist with the filing of Amended Plan ($300.00) due to a decrease in Debtor’s monthly income resulting from a change in employment.

4. Approval of Services on an Hourly Fee Basis Any services to be rendered and compensated on an hourly-fee basis, even as a supplemental fee, must be requested by application for compensation pursuant to Fed. R. Bankr. P. 2002(a)(6) and 2016(a), be set for a hearing, and be approved by the Court by written order before payment.

Please provide this information starting March 1, 2021.

Tentative Rulings

At the Court’s election and upon notification to the affected parties, in circumstances where the record of a contested matter is sufficient for the Court to decide the matter in advance or in lieu of a hearing, the Court may issue a tentative ruling through a proposed order prior to the hearing in an effort to save costs to the parties. The parties shall have an opportunity to timely respond to the proposed order. Upon an expression of agreement by the parties to the proposed order or upon no timely response being received, the Court may enter the proposed order as determining the matter before it and remove the scheduled hearing. If a response or objection to the tentative ruling is received, the contested matter will be heard at the scheduled hearing.

Alternatively, upon the agreement and request of the parties to a contested matter, the Court may consider issuing a tentative ruling in lieu of a hearing. The parties may request this consideration by submitting a correspondence to Chambers at least seven days before the scheduled hearing.

Judge Duncan is accepting applications for a term law clerk.  The vacancy announcement can be reviewed here.

Due to the Local Rule changes effective December 1, 2020, Judge Duncan has made minor revisions to his Chambers Guidelines.  The changes are as follows:

1.  The section regarding chapter 13 attorney fee procedures has been simplified due to recent changes to the procedure for requesting supplemental fees and the Court's creation of new events.

2.  A section has been added entitled, "Supplement to Exhibits A and B to SC LBR 9013-4."  This section provides information regarding scheduling of applications for allowance of administrative claims or interests under section 503 and sets the response deadline for motions to reopen under section 350. This section also clarifies that the procedure and deadline for objecting to a chapter 13 plan and embedded motions remains the same in Judge Duncan cases.

3.  Some exhibits have been reorganized due to the removal of the form previously used to request supplemental fees for loss mitigation work in a chapter 13 case.