The form orders related to stay relief for chapter 13 cases assigned to Judge Waites are not required or suggested for cases assigned to Judges Burris or Duncan. The parties may choose to use the form orders as a template for proposed orders in cases assigned to them if the form accurately reflects the voluntary agreement of the parties, provisions not applicable to the settlement are removed, and all footnotes (and other notations such as document identifiers) are removed. (See SC LBR 1001-1(c)). The parties are not limited to the settlement options contained in the form orders. Parties should always consult Chambers Guidelines for the appropriate judge when submitting proposed orders and otherwise regarding judge preferences.

Judge Waites has posted updated Chambers Guidelines on the Court's website, which include new Stay Relief Procedures to complement new 362 form orders. The final version of the 362 form orders may be found in Exhibits C - G of the revised Guidelines and may be used for all orders filed in cases assigned to Judge Waites on or after March 10, 2014. As a reminder, after that date, section 362 motions will remain on the hearing calendar if proposed orders are submitted which include nonstandard language.

The revised Guidelines also include a new section governing Mortgage Loan Modification, which sets forth methods by which a debtor may seek court approval of consensual residential mortgage loan modifications, including specific language that may be included in a chapter 13 plan.

The section governing Continuances, Settlements, and Withdrawals has been amended.

Following a period for comment, the Stay Relief Procedures section of Judge Waites’ Chambers Guidelines has now been updated to include new procedures and forms regarding § 362 motions in Chapter 13 cases. The forms should be used for all orders submitted on or after March 10, 2014. The forms have been edited to incorporate comments received and two new forms have been added. The following forms are provided as Exhibits C – G to the Guidelines:

1. Order granting relief from stay in Chapter 13 case based upon a failure to object to motion for relief from stay. See Exhibit C. 


2. Settlement order for a motion for relief from stay based upon a post petition default in payment pursuant to a plan in a Chapter 13 case. See Exhibit D. 


3. Order granting relief from stay in Chapter 13 case based upon failure to comply with settlement order. See Exhibit E (to be used in connection with Exhibit D). 


4. Settlement order for a motion for relief from stay based upon a post petition default in payment where equity/value exists above Movant’s lien. See Exhibit F. 


5. Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit G.

Exhibit E is a new form, which should be submitted in cases where the form settlement order in Exhibit D has been entered and the debtor has failed to make payments in accordance with that order. Exhibit F is also a new form, which should be used in instances where the equity/value above the Movant’s lien exceeds $5,000.00. In addition, a new CM/ECF event has been created to be used where the debtor fails to comply with the form settlement order in Exhibit F: Affidavit of Default and Request for Further 362 Hearing (available March 1, 2014).

As indicated in the Judges Corner posting on February 6, 2014, the use of the provided form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing. Parties may include non-standard language on the form Settlement Orders in the section provided or they may draft a settlement order containing non-standard language. Unless otherwise advised, a hearing, attended by counsel for all parties to the settlement, will be required for approval of any non-standard form settlement order or a settlement order containing non-standard language filed or presented to the Court in a Chapter 13 case on or after March 10, 2014.

Judge Waites appreciates your comments and hopes that these forms assist you in your practice.

Judge Waites is pleased to welcome Judith Benitez-Rosas to the Charleston divisional office as a member of his case team. Judith comes to South Carolina from the United States Bankruptcy Court in the Southern District of Florida (Miami) where she worked since 1996, most recently as a Case Administrator.

Judge Waites’ team members are:
Agnes Babb – Courtroom Deputy
Regina Schmidt – Courtroom Deputy
Judy Smith – Case Administrator/Work Leader
Connie Brooks – Case Administrator
Nicole Stalvey – Case Administrator
Judith Benitez-Rosas – Case Administrator