Notwithstanding the lapse in appropriations for the federal government, the federal judiciary, including our Bankruptcy Court, remains open and continues to provide all usual services. The Case Management/Electronic Case Files (CM/ECF) system is operational.　

The Court will provide additional information as necessary.

The Judges are continuing to consider revisions to their Operating Orders regarding conduit mortgage procedures with the hopes of adopting uniform language to be used in plans in conduit cases.  Until a revised Operating Order is announced for Judge Duncan, for conduit cases filed on or after December 1, 2017, the following language, also available here, should be included in Section 8.1 of the chapter 13 form plan:

8.1 (a) Mortgage payments to be disbursed by the Trustee (“Conduit”): 

Mortgage payments, including pre-petition arrears, will be paid and cured by the Trustee as follows: 

* Unless otherwise ordered by the court, the amounts listed on a compliant proof of claim or a Notice filed under FRBP 3002(c) control over any contrary amounts above, and any Notice of Payment Change that might be filed to amend the ongoing monthly payment amount.

** The Gap will be calculated from the payment amounts reflected in the Official Form 410A Mortgage Proof of Claim Attachment and any Notice of Payment Change that might be filed to amend the monthly payment amount, but should not be included in the prepetition arrears amount.

All payments due to the Mortgage Creditor as described in any allowed Notice of Post-petition Mortgage Fees, Expenses, and Charges under F.R.B.P. 3002.1, filed with the Court, will be paid by the Trustee, on a pro rata basis as funds are available. See the Operating Order of the Judge assigned to this case. 

Once the trustee has filed a Notice of Final Cure under F.R.B.P. 3002.1(f), the debtor shall be directly responsible for ongoing mortgage payments and any further post-petition fees and charges.

The Judges met and considered comments received to the proposed local rules.  Upon agreement of the Judges, the following rule changes will be effective December 1, 2017.  The changes are summarized as follows:

1.     All exhibits have been removed from the Local Rules and will instead be placed on the Court’s Locally Maintained Court Forms page.  Each form associated with a Local Rule will be accessible through a hyperlink in the relevant Local Rule.  Local Rule 1001-1 was amended to replace references to exhibits to references to local forms.

2.     Local Rule 2016-1(b)(1) was amended to remove the requirement that the amount of attorney’s fees agreed upon between the attorney and the debtor be stated in the chapter 13 plan.

3.     Local Rule 2082-1 was amended to reference family fishermen, in addition to family farming operations.  The chapter 12 plan was substantially revised.  Motions to value or avoid liens can now be contained within the chapter 12 plan.

4.     Local Rule 2090-1 was amended to require a party moving for pro hac vice admission to file a new local form with their motion.  The local form requires that the applicant agree to abide by local rules and Chambers’ Guidelines as well as set forth their proficiency in bankruptcy law and procedure.

5.     Local Rule 3015-1 was revised to require the local form plan to be used as the form for any plan filed in a chapter 13 case.

6.     Local Rule 3015-2 was substantially changed.  Modifications before confirmation require that the debtor file and serve the form plan, along with, if necessary, a local form Notice of Confirmation Hearing.  Post-confirmation modifications to a chapter 13 plan now require a motion to modify, as set forth in subsection (b).  Finally, plan payments may now be increased by the filing of a stipulation between the debtor and the trustee.

7.     Local Rule 3015-3 was amended to clarify the Court’s revised procedures regarding scheduling of confirmation hearings and confirmation of plans.

8.     Local Rule 3015-6 was amended to delete subsection (d).  If an objection to a proposed interest rate is filed, the objection will be considered at the confirmation hearing.  No response by the debtor is necessary.

9.     Local Rule 4003-2 was amended to remove reference to chapter 12, since motions to avoid liens can now be included in a chapter 12 plan.  The procedure for obtaining an order that a lien has been satisfied in a chapter 13 case was removed from the Local Rule, as it is now governed by Fed. R. Bankr. P. 5009(d).

10.  Local Rule 5075-1 was amended to delegate additional matters for notice: (1) ballots for a chapter 11 plan to the proponent; (2) notice of confirmation hearing in chapter 12 or 13 to the debtor; and (3) order declaring that a secured claim has been satisfied or lien avoided in a chapter 12 or 13 case to the debtor.

11.  Local Rule 9013-4 was amended to add motions to modify confirmed chapter 13 plans and motions pursuant to Fed. R. Bankr. P. 5009(d) to the passive list and motions/applications nunc pro tunc to the non-passive list.

12.  Local Rule 9018-1 was amended to allow paper copies of sealed documents to be destroyed 2 years after the closing of the case, if the documents have been electronically filed.

13.  Minor amendments were made to other rules and forms.  Several forms were revised to conform to Fed. R. Bankr. P. 9009 and the respective Official Form.

The Judges thank those practitioners and parties who provided comments, as well as the following members of the Local Rules committee:

• Kathleen M. Muthig
• John Timothy Stack
• Katherine L. Rea
• Michael Kevin McCarrell
• Russell A. DeMott
• Michael H. Weaver
• Christine E. Brimm

Remarks from Judge Waites:　

I salute the Court’s recognition of the service of Judge Thurmond Bishop from 1987 to 2006. I was very fortunate to serve as his colleague for my first 12 years on the bench and learned a lot from him. I know the lawyers that appeared before him agree with me that his keen intelligence, dry wit and sense of humor, his focus on fundamental fairness and old fashioned common sense made him an outstanding judge. During his tenure, he handled some of the largest chapter 11 cases filed in this District, and was rated as one of the best bankruptcy judges in the country by one publication. At one point after the retirement of Judge Davis, Judge Bishop and I carried the largest caseload per judge in the country, but with frequent communication and the help from staff and the Clerk’s office, we never felt overwhelmed.　

I benefited from and miss our frequent lunches where we reviewed everything from our cases, to politics, news, sports and the latest family news. I was truly blessed to have his support and friendship over the years, as well as the closeness of our families, who grew up and were often together during our years on the bench.　

I know Judge Bishop always enjoys a call or visit if you are near Abbeville, so I encourage you to let him know he is missed.