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Chambers' Bulletins

Judge Duncan

Mon, 4/27/2020 - 1:04 pm

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.


Mon, 3/02/2020 - 10:12 am

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.


Thu, 1/02/2020 - 11:09 am

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.


Tue, 10/01/2019 - 2:29 pm

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.


Thu, 9/13/2018 - 11:45 am

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.


Fri, 8/10/2018 - 3:27 pm

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.


Tue, 6/19/2018 - 3:00 pm

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.


Thu, 4/05/2018 - 4:11 pm

At the request of the debtors' bar, the Request for Order Authorizing Loss Mitigation/Mortgage Modification event is now available for use in chapter 7 cases (Judge Duncan and Judge Burris cases only).  The event may be used one time only, and can only be filed once the chapter 7 trustee has filed a report of no distribution or a report of abandonment of the specific property on which the debtor intends to pursue loss mitigation.  A copy of the resulting order is available here.  Note that the chapter 7 order provides that “the issuance of this order does not extend any time period or deadline in this case.” Additionally, the language of the Request for Order Authorizing Loss Mitigation/Mortgage Modification in Judge Duncan and Judge Burris chapter 13 cases has changed slightly to conform to the language of the chapter 7 order and to provide clarity.  The title of the Order has changed from "Order Authorizing Loss Mitigation/Mediation" to "Order Authorizing Loss Mitigation/Mortgage Modification", and the second sentence of the order has been revised to add "at their discretion" after "Debtor(s) and Creditor", reflecting that although the stay is lifted to allow the parties to engage in loss mitigation, doing so  is within the discretion of the parties.  A copy of the revised order is available here.


Thu, 11/30/2017 - 2:33 pm

The Judges are continuing to consider revisions to their Operating Orders regarding conduit mortgage procedures with the hopes of adopting uniform language to be used in plans in conduit cases.  Until a revised Operating Order is announced for Judge Duncan, for conduit cases filed on or after December 1, 2017, the following language, also available here, should be included in Section 8.1 of the chapter 13 form plan:

8.1 (a) Mortgage payments to be disbursed by the Trustee (“Conduit”)

Mortgage payments, including pre-petition arrears, will be paid and cured by the Trustee as follows: 

Name of Creditor

Description of Collateral

(note if principal residence; include county tax map number and complete street address)

Current installment payment (ongoing payment amount) *

Monthly payment to cure GAP ** (post-petition mortgage payments for the  two (2) months immediately following the event beginning conduit)

Estimated amount of PRE-PETITION ARREARAGE** (including the month of filing or  conversion)*

Monthly payment on pre-petition arrearage

 

 

$
Escrow for
taxes:
☐ Yes
☐ No

Escrow for
insurance:
☐ Yes
☐ No

$
Or more

$
 

$
Or more

 

 

$
Escrow for
taxes:
☐ Yes
☐ No

Escrow for
insurance:
☐ Yes
☐ No

$
Or more

$

$
Or more

 

* Unless otherwise ordered by the court, the amounts listed on a compliant proof of claim or a Notice filed under FRBP 3002(c) control over any contrary amounts above, and any Notice of Payment Change that might be filed to amend the ongoing monthly payment amount.

** The Gap will be calculated from the payment amounts reflected in the Official Form 410A Mortgage Proof of Claim Attachment and any Notice of Payment Change that might be filed to amend the monthly payment amount, but should not be included in the prepetition arrears amount.

 

All payments due to the Mortgage Creditor as described in any allowed Notice of Post-petition Mortgage Fees, Expenses, and Charges under F.R.B.P. 3002.1, filed with the Court, will be paid by the Trustee, on a pro rata basis as funds are available. See the Operating Order of the Judge assigned to this case. 

 

Once the trustee has filed a Notice of Final Cure under F.R.B.P. 3002.1(f), the debtor shall be directly responsible for ongoing mortgage payments and any further post-petition fees and charges.

 


Tue, 11/28/2017 - 11:02 am

Amended Chambers Guidelines for cases assigned to Judge Duncan, effective December 1, 2017, are available here and will be posted soon on the Court's webpage.

A further revised Operating Order 16-02, for chapter 13 conduit mortgage plans or a new order, will be entered and published soon and you will receive separate notice of entry, or interim language that is acceptable for inclusion in section 8 of the chapter 13 form plan in cases assigned to Judge Duncan until the new Operating Order is adopted. Judge Duncan is awaiting the results of the divisional workshops being hosted by Judge Waites and Judge Burris and hopes to have uniform language.


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