Judge Duncan is accepting applications for a term law clerk. The vacancy announcement can be reviewed here.
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Due to the Local Rule changes effective December 1, 2020, Judge Duncan has made minor revisions to his Chambers Guidelines. The changes are as follows:
1. The section regarding chapter 13 attorney fee procedures has been simplified due to recent changes to the procedure for requesting supplemental fees and the Court's creation of new events.
2. A section has been added entitled, "Supplement to Exhibits A and B to SC LBR 9013-4." This section provides information regarding scheduling of applications for allowance of administrative claims or interests under section 503 and sets the response deadline for motions to reopen under section 350. This section also clarifies that the procedure and deadline for objecting to a chapter 13 plan and embedded motions remains the same in Judge Duncan cases.
3. Some exhibits have been reorganized due to the removal of the form previously used to request supplemental fees for loss mitigation work in a chapter 13 case.
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.
Judge Duncan is pleased to welcome his new law clerk, Lucas Fautua. Lucas joined Judge Duncan's chambers on April 13. A native of Norfolk, Virginia, Lucas is a 2016 graduate of North Carolina State University and a 2019 graduate of University of South Carolina School of Law. Prior to joining Judge Duncan's chambers, Lucas worked at a small firm in Norfolk, Virginia representing debtors in chapter 7, 11, and 13 cases.
Judge Duncan has revised his Chambers Guidelines. In addition to making other minor, non-substantive changes, he has revised the chapter 13 attorney fees section to reflect the increase in the expedited fee amount and the elimination of the limitation for supplemental fees for general chapter 13 matters. The Chambers Guidelines are available here.
Judge Duncan would like to thank his current law clerk, Charles Buist, for his distinguished service. Charles has served as Judge Duncan's law clerk since August 2018. He has accepted an offer to serve in a general counsel role in Jacksonville, Florida. His last day in Judge Duncan's chambers will be Friday, January 3. Judge Duncan extends Charles best wishes as he embarks on this next step in his career.
Judge Duncan has made minor revisions to his Chambers Guidelines consistent with the chapter 13 trustee's intention to begin filing formal objections to confirmation and to make other minor updates. The changes are as follows:
1. The section regarding the trustee's notes concerning confirmation has been revised to remove references to the trustee's intent to request dismissal at the confirmation hearing but to retain the requirement that previously requested documents be filed with the Court or submitted to the trustee overnight.
2. The section regarding joint statements of dispute has been revised to clarify that parties are not required to file joint statements of dispute in the event of a chapter 13 trustee objection.
3. The section regarding electronic exhibits has been revised to state that counsel should meet with the courtroom deputy at least two business days in advance of trial to ensure compatibility of electronic devices to be used at hearing or trial.
4. Exhibit A has been revised to reflect recent changes to Judge Duncan's form scheduling order for adversary proceedings.
Due to the inclement weather and anticipated travel difficulties, Judge Duncan’s court for Monday, September 17 is rescheduled to Tuesday, September 18. All hearings will be held at the same time and same location as originally scheduled. If you have any questions about the rescheduling of hearings, please contact Judge Duncan’s chambers at (803) 765-5657.
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.
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.