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Chambers' Bulletins
09/2016

Conduit Chapter 13 Cases - Amended Operating Order -Judge Burris
Thu, 9/29/2016 - 5:00 am

Operating Order 16-03, governing the conduit mortgage payment procedures for Columbia and Spartanburg cases pending before Judge Burris, has been amended. A copy of the amended order is found here. A draft noting significant changes in redline is found here. Other than paragraphs I and II, this amended order is substantially consistent with Operating Order 16-02 for Judges Duncan and Waites.


To continue the discussion regarding successful use of the conduit mortgage payment procedures, a follow-up, informal bar meeting will be held at the Spartanburg courthouse on Thursday, October 13th immediately following completion of the Chapter 13 Dispute calendar.

Conduit Chapter 13 Cases - minor revision to plan language
Wed, 9/28/2016 - 5:00 am

Judges Waites and Duncan have revised Operating Order 16-02. The revisions are to Exhibit A, the language to be used in a chapter 13 plan when conduit payments are being made. First, the reference to a specific operating order was eliminated so that the software providers will be able to use the same language for all three judges. Second, the paragraph on the timing of plan payments by the debtor was removed as unnecessary. Section 1326 of the bankruptcy code governs.

Conduit Mortgage Payment Procedures - Judges Duncan and Waites
Tue, 9/27/2016 - 5:00 am

The Operating Order which governs the Conduit Mortgage Payment Procedures in cases before Judges Duncan and Waites has been entered and a copy is available on the court's website. Questions regarding specific procedures should be directed to the applicable Chapter 13 Trustee.

New CM/ECF Event - Default of 362 Settlement Order
Mon, 9/26/2016 - 5:00 am

The court has made a new CMECF event available for use in cases assigned to Judges Burris and Duncan.  The “Default of 362 Settlement Order” event requests an order granting stay relief after a debtor has defaulted under the terms of a settlement order resolving a motion for relief from stay.  The event is a text event, similar to the “Certification of No Response and Request for 362 Default Order” and “Request for Settlement Order on Motion for Relief from Stay” events already in use for motions for relief from stay.  No separate affidavit of default is required.  Copies of the proposed order generated by the event will be added to the “Locally Maintained Court Forms” section of the court’s webpage.

Judge Burris' Chambers Guidelines
Fri, 9/02/2016 - 5:00 am

New Chambers Guidelines are posted for Judge Burris to include reference to Operating Order 16-03 for procedures for litigants to request or propose conduit payments in Chapter 13 plans, to update the scheduling chart for self-scheduled Chapter 13 matters to include the Trustee's event for Request for Mortgage Report, and to add new law clerk contact information. Judge Burris' revised Chambers Guidelines are available on the Court's website.

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