As a result of the recent changes to the District’s local bankruptcy rules, Judge Waites has revised his Chambers Guidelines to include additional instructions for notice and service of pleadings and to supplement the information contained in Exhibits A and B of SC LBR 9013-4. These additional instructions contain variances from past procedures and prior versions of Chambers Guidelines, as well as the current local bankruptcy rules. A stand-alone copy of these additional instructions is available here. These instructions are applicable only to the cases assigned to Judge John E. Waites.
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Judge Waites is undertaking a project over the next sixty days to designate historical opinions for placement on the U.S. Government Publishing Office’s United States Courts Opinions webpage, which provides a free searchable database of select opinions from Federal courts for the general public and is available here.
As part of this project, when Chambers designates a prior opinion for distribution to the U.S. Government Publishing Office, CM/ECF may send counsel a new electronic notice for the historic opinion. Therefore, counsel may be receiving electronic notices for opinions entered several months or years ago. Counsel may disregard these particular notices as there has been no modification to these previously entered orders. If you have any questions regarding these notices, please contact Andrew Powell at Andrew_Powell@scb.uscourts.gov.
Judge Waites has reformatted and updated his Chambers Guidelines. A copy of the updated guidelines is available here.
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.
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 Duncan is accepting applications for a term law clerk. The vacancy announcement can be reviewed here.
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.
On Behalf of the Court
The judges have agreed to the following to provide additional Covid-19 relief. Motions to Extend Stay (or accompanying affidavit) shall state sufficient facts to indicate that the relief requested is warranted. If no timely objection is filed, the court may elect to grant the motion without a hearing and remove the matter from the hearing calendar. In that event, the standard order will no longer include a provision that bars refiling. Any requests to include a limit on future petitions, or any further conditions, should be clearly stated in any objection to the Motion.
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.