The form orders related to stay relief for chapter 13 cases assigned to Judge Waites are not required or suggested for cases assigned to Judges Burris or Duncan. The parties may choose to use the form orders as a template for proposed orders in cases assigned to them if the form accurately reflects the voluntary agreement of the parties, provisions not applicable to the settlement are removed, and all footnotes (and other notations such as document identifiers) are removed. (See SC LBR 1001-1(c)). The parties are not limited to the settlement options contained in the form orders. Parties should always consult Chambers Guidelines for the appropriate judge when submitting proposed orders and otherwise regarding judge preferences.
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By Administrative Order and after changes resulting from public comment, Judge Waites has adopted Guidelines in the form of the attached Agreement. These Guidelines and requirements shall be effective in all chapter 13 cases assigned to Judge Waites, which are filed on or after March 24, 2014.
The Trustees report that the essential aspects of the agreement are as follows:
Delinquent tax returns are to be filed no later than 28 days before the first scheduled confirmation hearing.
Current year tax returns must be filed as soon as practicable after receiving all necessary forms such as Form W-2. No case will be confirmed until the current year tax return is received by the IRS.
Within 14 days of the receipt of all unfiled tax returns the IRS will file or amend its claim showing amounts due as set forth in the tax returns, unless the IRS has reason to believe the returns are not accurate. If the IRS believes the returns to be inaccurate it will communicate that information to debtor’s counsel within 14 days.
Absent extraordinary circumstances, no objection to an IRS claim should be filed until after the 14 day period for IRS action on the filed returns has passed.
Judge Waites has posted updated Chambers Guidelines on the Court's website, which include new Stay Relief Procedures to complement new 362 form orders. The final version of the 362 form orders may be found in Exhibits C - G of the revised Guidelines and may be used for all orders filed in cases assigned to Judge Waites on or after March 10, 2014. As a reminder, after that date, section 362 motions will remain on the hearing calendar if proposed orders are submitted which include nonstandard language.
The revised Guidelines also include a new section governing Mortgage Loan Modification, which sets forth methods by which a debtor may seek court approval of consensual residential mortgage loan modifications, including specific language that may be included in a chapter 13 plan.
The section governing Continuances, Settlements, and Withdrawals has been amended.