Revised Form for Motions to Modify Plan After Confirmation
At the suggestion of members of the Creditor Bar to assist in their review of plans, the form to be used for motions to modify plan after confirmation under SC LBR 3015-2(b) in cases assigned to Judge Waites has been modified to include a description of the changes to the plan (which is similar to the current requirement of the other Judges in this District). A copy of the revised form is available here. This form is required for cases assigned to Judge Waites beginning on March 1, 2021.
Guidance on Supplemental Fee Requests
Judge Waites’ Chambers has created guidance for the filing of fee requests in chapter 13 cases assigned to him.
When utilizing the Statement of Supplemental Chapter 13 Attorneys Fee event under SC LBR 2016-1, the following information must be included:
- Differentiating between Before and After Confirmation Supplemental Fees: The relevant fact in determining whether the Statement is “Before Confirmation” or “After Confirmation” is when the services comprising the supplemental fee are rendered. Therefore, if the services were rendered pre-confirmation, but the Statement of Supplemental Chapter 13 Attorneys Fees is not filed until after confirmation, the attorney should select “Before Confirmation” when filing the CM/ECF event.
- Explanation for Supplemental Fees: In the description of the Statement of Supplemental Chapter 13 Attorneys Fees, counsel should provide a brief explanation as to why the services were unanticipated for each component of the services rendered.
Example: Supplemental Fees in this request: $500.00. Statement of Work: Assisting with the filing of a Motion for Moratorium due to unexpected reduction in work hours.
- Breakdown of Requests Involving Multiple Services: For circumstances where the attorney is requesting approval of compensation for multiple services in a single request, the description should include a breakdown of the fees charged for each service completed.
Example: Supplemental Fees in this request: $500.00. Statement of Work: Assist with the filing of Amending Schedules and Statements ($200.00) and assist with the filing of Amended Plan ($300.00) due to a decrease in Debtor’s monthly income resulting from a change in employment.
- Approval of Services on an Hourly Fee Basis Any services to be rendered and compensated on an hourly-fee basis, even as a supplemental fee, must be requested by application for compensation pursuant to Fed. R. Bankr. P. 2002(a)(6) and 2016(a), be set for a hearing, and be approved by the Court by written order before payment.
Please provide this information starting March 1, 2021.
At the Court’s election and upon notification to the affected parties, in circumstances where the record of a contested matter is sufficient for the Court to decide the matter in advance or in lieu of a hearing, the Court may issue a tentative ruling through a proposed order prior to the hearing in an effort to save costs to the parties. The parties shall have an opportunity to timely respond to the proposed order. Upon an expression of agreement by the parties to the proposed order or upon no timely response being received, the Court may enter the proposed order as determining the matter before it and remove the scheduled hearing. If a response or objection to the tentative ruling is received, the contested matter will be heard at the scheduled hearing.
Alternatively, upon the agreement and request of the parties to a contested matter, the Court may consider issuing a tentative ruling in lieu of a hearing. The parties may request this consideration by submitting a correspondence to Chambers at least seven days before the scheduled hearing.