Judges Waites and Duncan have revised Operating Order 16-02. The revisions are to Exhibit A, the language to be used in a chapter 13 plan when conduit payments are being made. First, the reference to a specific operating order was eliminated so that the software providers will be able to use the same language for all three judges. Second, the paragraph on the timing of plan payments by the debtor was removed as unnecessary. Section 1326 of the bankruptcy code governs.

The court has made a new CMECF event available for use in cases assigned to Judges Burris and Duncan.  The “Default of 362 Settlement Order” event requests an order granting stay relief after a debtor has defaulted under the terms of a settlement order resolving a motion for relief from stay.  The event is a text event, similar to the “Certification of No Response and Request for 362 Default Order” and “Request for Settlement Order on Motion for Relief from Stay” events already in use for motions for relief from stay.  No separate affidavit of default is required.  Copies of the proposed order generated by the event will be added to the “Locally Maintained Court Forms” section of the court’s webpage.

The Bankruptcy Judges, with the assistance of the Chapter 13 Trustees, have agreed upon district wide conduit mortgage payment procedures to be implemented in Chapter 13 cases filed on or after October 1, 2016. The procedures are set forth in the Operating Orders attached. The procedures are required under certain conditions in cases presided over by Judges Duncan and Waites and are voluntary in cases presided over by Judge Burris.　

In order to review the procedures with members of the Bar prior to the effective date, meetings will be held in the courthouses in each division as follows:　

Charleston on September 1, 2016, immediately after the conclusion of court hearing which is expected to be by 11:00 a.m.;　
Columbia on September 8; 2016, immediately after the conclusion of court hearings which is expected to be by 10:30 a.m.;　
Spartanburg on September 15, 2016; immediately after the conclusion of court hearings.　

Telephone attendance will be available in the Charleston and Columbia meetings. If interested, contact a courtroom deputy for Judges Duncan or Waites.

Kate Laffitte will soon leave her position as law clerk to Judge Burris to join the Commercial Real Estate team at Smith Moore Leatherwood in Greenville. We certainly hate to see Kate go, but congratulate her on this exciting next step in her career. Kate’s departure creates an opening in the Spartanburg chambers for a term law clerk. The vacancy announcement can be viewed here.