On behalf of the Judges and Clerk of Court, thank you to the South Carolina Bankruptcy Law Association for an educational and enjoyable virtual seminar. This year’s plans to meet in Asheville in March were postponed and eventually replaced with a virtual event over three Fridays this month. We would like to acknowledge the extraordinary efforts of the Seminar Committee to ensure its members were able to participate in enriching CLE sessions. We hope to meet again in-person next year and continue with the fellowship and traditions of the seminar and SCBLA.
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Judge Waites has entered Operating Order 20-13, a copy of which is available here.
Operating Order 20-13 modifies the Conduit Procedure to reflect the COVID-19-related changes in procedure stated in Amended Operating Order 20-07, including permitting, but not requiring, the suspension of Trustee disbursements to the Mortgage Creditor upon the filing of a Motion for LM/MM; allowing additional options for proposing a cure of missed payments resulting from a moratorium order; and removing any dismissal conditions upon the entry of an order granting an exception to the Conduit Procedure. Please note that for cases assigned to Judge Waites, the form Motion to Modify Plan to Allow a Moratorium of Payments (Conduit Plan) and form Order Modifying Plan to Allow a Moratorium of Payments (Conduit Plan) have been modified to reflect this repayment flexibility and are available in Microsoft Word format on the Court’s local forms webpage.
The forms and procedures of Operating Order 20-13 may be used by parties immediately and will be required in all chapter 13 cases assigned to Judge Waites beginning on October 1, 2020.
Operating Order 20-12, available here, has been issued and is effective September 17, 2020 in all Judge Duncan cases. Pursuant to the Operating Order, Judge Duncan's procedures for conduit cases remain the same.
As the result of the continuing effects of the COVID-19 pandemic, Judge Waites has amended Operating Order 20-07 to provide more flexible procedures in Chapter 13 cases. The Amended Order addresses:
- Motions for Moratoriums in both Conduit and Non-Conduit Cases;
- Modification of Plans due to COVID-19;
- LM/MM Procedures in Conduit Cases;
- More Lenient Dismissal Procedures;
- Exceptions from the Mandatory Conduit Procedure.
A copy of the Amended Operating Order 20-07 is available here. Please note that Amended Operating Order 20-07 applies only to the chapter 13 cases assigned to Judge John E. Waites.
Judge Waites’ chambers has produced guidelines to assist counsel in effectively raising objections to claim under the requirements of the Bankruptcy Code, Rules and applicable case law. The guidelines are available here. The guidelines apply only to the cases assigned to Judge Waites.