Nicholas Hulse, Judge Duncan's current law clerk, has accepted a position with Riley Pope & Laney, LLC in Columbia.  Nick's last day is today, Friday, August 10.  Judge Duncan would like to thank Nick for exemplary service over the past two years and extend best wishes as he begins his career in private practice.

Judge Duncan is also pleased to welcome Charles Buist to his chambers beginning August 20.  Charles is a 2016 graduate of the University of South Carolina School of Law.  He also holds a master of business administration from the Darla Moore School of Business and a master of environmental law and policy from Vermont Law School.  Prior to joining Judge Duncan's chambers, Charles served as a law clerk for Senior United States District Judge Joseph F. Anderson, Jr.

Effective July 1, 2018, the Loss Mitigation/Mortgage Modification (“LM/MM”) guidelines for Judge Waites will be revised as previously announced on June 1, 2018. In addition, the LM/MM forms have been updated, and are attached to this announcement. Below are the forms that have been updated or discontinued:

Exhibit P - Notice and Motion for Loss Mitigation Mortgage Modification Pursuant to Judge Waites’ Chambers Guidelines:  A “Track Changes” copy of the Notice and Motion is included in the attachments to highlight the changes to the Notice and Motion.

Exhibit Q - Order Requiring Loss Mitigation/Mortgage Modification: Upon the filing of the Notice and Motion for Loss Mitigation/Mortgage Modification using the Loss Mitigation/Mediation CM/ECF event, this Order will be generated by CM/ECF for the Judge’s consideration.

Exhibit R – Order Appointing Mediator: As the updated guidelines delay the appointment of a LM/MM mediator, this Order will no longer be utilized by the Court.

In addition, Judge Waites has revised the LM/MM Settlement Order on Motion for Relief from Stay (Exhibit N), a copy of which is attached to this announcement. The LM/MM 362 Settlement Order has also been added to the CM/ECF Request for Settlement Order on Motion for Relief from Stay (Judge Waites). By using this CM/ECF event, a proposed 362 settlement order and a proposed order requiring LM/MM will be generated by CM/ECF for the Judge’s consideration.

If you have any questions about the new LM/MM forms, please contact Andrew Powell (Andrew_Powell@scb.uscourts.gov).

Our court, along with many others around the country and most of those in the 4^th Circuit, previously employed a procedure for dismissal of bankruptcy cases upon certification by the Clerk of Court, the United States trustee or a trustee of certain deficiencies. The 4^th Circuit, in the recent case of No v. Gorman, 891 F3d. 138 (4^th Cir. 2018), noted the notice and opportunity for hearing requirement of sections 707(a), 1112(b), 1208(c), and 1307(c). In light of this decision the Court has adopted the attached operating order revising our local rules and adopting procedures consistent with No v. Gorman.

In short, rather than the certification of dismissal procedure previously permitted under the local rules, dismissal will now be considered upon a Rule to Show Cause or motion. The opportunity for a hearing (self-scheduled by the Clerk, UST or trustee) is thus available, however the case may be dismissed without a hearing, consistent with our general passive notice procedure, unless a timely response is interposed.

Judges Waites and Duncan have revised the procedure for chapter 13 conduit plans in their cases. A new operating order has been entered to implement the procedures. The new order replaces the amended operating order 16-02 and the interim language for use in section 8.1 of chapter 13 plans posted for use in Judge Duncan’s cases. Any questions regarding language in section 8.1 in Judge Waites’ cases may be directed to Trustees Wyman and Stephenson.

The new procedures are effective in cases filed on and after August 1, 2018. The major differences are that chapter 13 plans containing provisions for post-petition mortgage payments must adopt the conduit payment method when the collateral is a principal residence and if there is a default in payments other than a technical default (for example due to late payment charges or a shortage in payment of less than one monthly payment) that can be cured within 30 days of the petition date. Please consult the operating order in its entirety for other changes and for the small differences in procedure between the two judges (relating to loss mitigation for example).

These changes do not apply to chapter 13 cases assigned to Judge Burris.