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Chambers' Bulletins
11/2016

On Behalf of the Court

Mon, 11/21/2016 - 5:06 pm

The Judges met and considered comments received to the proposed changes to the local rules. Upon agreement of the Judges, the following rule changes will be effective December 1, 2016: 

(1) Local Rules 7008-1, 7012-1, and 7016-1 are repealed and paragraphs (b) and (c) of Local Rule 9027-1 are removed based on the December 1, 2016 amendments to the Federal Rules of Bankruptcy Procedure addressing Stern v. Marshall.  

(2) Local Rule 3070-1(b)(1) and (2) are revised. A minor stylistic change is made to paragraph (b)(1). Paragraphs (b)(2)(A)-(C) are amended to address conduit plan cases and to simplify the attorney fee provision. Since the rule was released for comment, paragraph (b)(2)(A) was further amended to address the issue of partial payments by a debtor and the lack of a proof of claim by a mortgage creditor.  

(3) Local Rule 5075-1 is amended to add paragraph (c)(10), delegating service of the notice of hearing on a motion for exemption from a conduit mortgage payment requirement.  

(4) New Local Rules 7012-1 and 7056-1 are adopted and require a specific notice to pro se parties upon the filing of a motion to dismiss an adversary proceeding (a Rule 12(b) motion) or the filing of a motion for summary judgment. 

(5) Exhibit C to Local Rule 9013-4 is amended to permit the chapter 13 trustee to self-schedule a hearing on a Request for Mortgage Creditor Report, with a 20 day objection period. 

(6) Local Rule 9036-1 is substantially revised to require a debtor to make an election regarding DeBN (Debtor Electronic Bankruptcy Notice) at the beginning of a case.


Thu, 11/10/2016 - 2:10 pm

Please see the attached order regarding the Court's schedule for the upcoming holiday season and for computing time during that period. Please note that while the court will be open on December 30, 2016 to accommodate debtors who may have foreclosure proceedings the following week, the only office that will open that day will be our Columbia office.


Fri, 11/04/2016 - 4:22 pm

The Local Rules Committee has proposed changes to the Court's local rules. The Judges seek your comments on the proposals that follow:

(1) Repeal Local Rules 7008-1, 7012-1, 7016-1, and remove paragraphs (b) and (c) of Local Rule 9027-1 based on the December 1, 2016 amendments to the Federal Rules of Bankruptcy Procedure. These local rules were adopted in response to Stern v. Marshall and the new national rules (which are nearly identical to the current local rules) render them unnecessary;

(2) Revise Local Rules 3070-1(b)(2) [addition of a provision for chapter 13 cases dismissed before confirmation providing for a disbursement of funds to conduit mortgage creditors, a simplification of the attorney fee provision, a reordering of the subsections, and stylistic changes]; 5075-1(c) [add as (10) the delegation of service of the notice of hearing on motions for exemption from conduit mortgage payment requirements]; and 9036-1 [adding a requirement that debtors file an election requesting or declining participation in the DeBN program]; and

(3) Adopt new Local Rules 7012-1 and 7056-1 [requiring a specific notice by movants to unrepresented parties in connection with, respectively, motions to dismiss adversary proceedings and motions for summary judgment.]

Please provide any comments on or before November 18, 2016 to scbml_lr_comment@scb.uscourts.gov. Absent further announcement, these rule changes and any revision prompted by the comments will be effective December 1, 2016. Revisions to Local Rule 3015-2 are under consideration and may be circulated for public comment in the new year. The Judges wish to thank the Local Rules Committee for their service to the Court.


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