The following are effective starting January 20, 2017, unless otherwise advised.
Comments may be provided by January 17, 2017 to Andrew_Powell@scb.uscourts.gov.
Standard 362 Settlement Orders for cases filed after October 1, 2016 (Conduit Eligible Cases):
Judge Waites has implemented standard 362 settlement orders for Chapter 13 cases filed after October 1, 2016 (Conduit Eligible Case) where the debtor(s) have failed to pay mortgage creditors directly as proposed in their Chapter 13 plan. These standard orders may also be voluntarily used in cases filed prior to October 1, 2016. The standard orders are as follows:
(1) Conduit: Applicable in cases where the parties agree that payments to cure the post-petition arrearage and the future monthly mortgage payments will be paid to the Trustee through plan payments. This standard order contemplates the Trustee’s preference that the post-petition arrearage be cured over the remaining term of the Chapter 13 plan. This standard 362 settlement order is available here.
(2) Conduit & Direct Pay: Applicable in cases where the parties agree that: (1) ongoing mortgage payments will be paid to the Trustee through plan payments and (2) monthly payments to cure the post-petition arrearage will be paid directly to the Movant by the Debtor. If the value/equity above the movant’s lien in the property exceeds $5,000.00, parties shall use this order. In cases where the value/equity above the movant’s lien is less than $5,000.00, the parties shall use this order. Parties should schedule the cure payments under the following uniform standards:
|Number of Missed Post-Petition Payments||Length of Cure Period|
|0 - 6 Months||12 month cure|
|7 - 12 Months||24 month cure|
|More than 12 Months||To be determined at a hearing before the Court|
Standard 362 Settlement Order for Loss Mitigation/Mortgage Modification:
In addition, Judge Waites has implemented a standard 362 settlement order for all Chapter 13 cases in which the parties resolve a 362 motion through loss mitigation/mortgage modification. This standard 362 settlement order is available here.
Mediation for Valuation Disputes:
A pilot program providing mediation in contested valuation proceedings involving real estate or large value personal property has been very successful in reducing the costs to the parties and the number of contested hearings before the Court. Therefore, Judge Waites is implementing this mediation in all of his Chapter 13 cases. A copy of the Valuation Dispute Mediation Program guidelines and a copy of the standard mediation order are available here. Please note that counsel is required to immediately notify Chambers at email@example.com as well as the Chapter 13 Trustee upon the filing of an objection involving the valuation of a secured claim on real estate or large value personal property.
Reporting Disputes involving Domestic Support Obligations:
Upon the filing of an objection to confirmation or a response to an objection to a proof of claim demonstrating disputes related to domestic support obligations (“DSO”), the debtor’s and opposing counsel shall immediately notify Chambers of the DSO dispute by an email to firstname.lastname@example.org with a copy to the Chapter 13 Trustee for consideration of mediation or other case management processes.