As promised during the South Carolina Bankruptcy Law Association 2021 Virtual Seminar judges' presentation, I have added practice pointers and a few preferred form orders to my chamber's guidelines page. The materials were designed to help lawyers anticipate issues that might prompt questions from chambers, take valuable attorney time for clarification, and/or cause delay in obtaining orders your clients may need. The orders are currently in use in my chambers and, while procedures may change with coming local rules amendments or considering several recently announced decisions by the judges, most will continue to be useful in the context of relief from stay motions and when creditors, insurers, buyers, and other parties in interest want judicial approval or comfort orders in chapter 13 cases. Many relief from stay orders easily generate from CMECF events but the forms available through the chambers guideline page can be adapted for use when it is necessary to manually generate the proposed order. The exhibits are in Word format. Please replace any existing proposed order forms you may regularly use with these that I have made available.The material and forms are applicable only to bankruptcy cases assigned to me.
Hon. David R. Duncan, retired
Wed, 10/13/2021 - 10:54am