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Chambers' Bulletins

Thu, 2/06/2014 - 4:00 am

Judge Waites receives a large volume of settlement orders and other § 362 orders as a result of his assignment of Chapter 13 cases with three Chapter 13 Trustees. In order to maintain efficiency in the review and processing of these orders, Judge Waites has developed standard forms for use in his Chapter 13 cases. Effective March 1, 2014, the use of the following form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing:




    1. 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 A.
    2. Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit B.
    3. Default order granting motion for relief from stay in Chapter 13 case. See Exhibit C.


Parties may include non-standard language on the form Settlement Order in the section provided or they may draft a settlement order containing non-standard language. Beginning March 1, 2014, a hearing may be required for approval of any settlement order containing non-standard language.


Comments regarding the proposed forms may be submitted to Sarah_Kistler@scb.uscourts.gov on or before February 20, 2014. Any changes to the proposed forms as a result of comments received will be posted on the Court’s website prior to March 1, 2014.


Tue, 12/31/2013 - 4:00 am

Judge Waites fax line has been restored and documents may now be faxed to Judge Waites' normal fax number  803-253-3464.


Mon, 12/30/2013 - 4:00 am

Until further notice, documents faxed to Judge Waites' Chambers should be faxed to 803-253-3710.


Mon, 12/02/2013 - 4:00 am

Technical and clarifying amendments have been made to SC LBR 3015-5 and 9013-4. Both rules were amended to clarify that the noticing forms of SC LBR 3015-5 are used to notice a self-scheduled hearing requesting a standard or hardship discharge. The hearing notice for a hardship discharge, Exhibit D to SC LBR 3015-5, was also amended to clarify that the notice sets a definite hearing on the Motion for Hardship Discharge and the Certification of Debtor Information and Request for Hardship Discharge. The passive notice list was also amended to clarify that a motion to extend time to file a disclosure statement may be scheduled passively.


Mon, 12/02/2013 - 4:00 am

Certain rules and forms were amended effective December 1, 2013. New Schedules I and J now provide an option for the debtor to supplement a previous filing to update income or expenses for purposes of determining plan feasibility. CM/ECF will be updated to allow for the filing of supplemental schedules I or J. Rule 1007(b)(7) was amended to allow the provider of an instructional course concerning financial management to file statement of completion with the Court. The Court has created an interface, known as eFinCert, whereby the debtor or provider can file the certificate of completion through the Court's website without a CM/ECF password. Rules 9006, 9013, and 9014 were also amended to provide for certain deadlines related to the filing of motion or responses. These amendments do not conflict with applicable local rules. Further information about the amendments may be found in a summary created by the Oklahoma bankruptcy courts.


Mon, 12/02/2013 - 4:00 am

The Court has created three new text events for attorneys to use when representation is being provided at no cost or low cost to the debtor or where representation was effected via the Court's debtor assistance program. Use of these events is voluntary but encouraged to help the Court better track representation of needy debtors. The titles of the new events are: Representation Via Debtor Assistance Program; Pro Bono Representation of Debtor; and Reduced Fee Representation of Debtor.


Thu, 11/21/2013 - 4:00 am

Please see the attached order regarding the Court's schedule during the upcoming holiday season. The order contains important information about computing time under the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, the Local rules or any applicable statute.


Thu, 11/07/2013 - 4:00 am

Updates have been made to the Chambers Guidelines consistent with recent changes to the local rules. The scheduling charts for Chapter 13 matters have been updated. Judge Duncan has revised his guidelines to indicate that a hearing is required, regardless of whether an objection is filed, on a motion to approve the fees of counsel for a chapter 11 debtor-in-possession. Judge Duncan also updated the section on proposed orders to set forth a requirement to leave space on the last page of a proposed order for an electronic signature.


Tue, 10/29/2013 - 5:00 am

The following technical amendments are made to the local rules effective November 1:

(1) SC LBR 3015-3(a) was amended to clarify that a domestic support obligation recipient should be served with a copy of Exhibit A to that rule;

(2) Exhibits A and C to SC LBR 3015-5 were amended to clarify that a debtor does not need to file a certificate of completion of an instructional course in financial management if the debtor has sought and received a waiver; and

(3) 9013-3 was amended to clarify the obligation to file a certificate of service for delegated matters within seven days and clarify that a delegated party may attach a Notice of Electronic Filing to the certificate of service as evidence that some or all of the parties who require notice have received it.

(4) As indicated in the August 30, 2013 announcement on the local rules, delegated matters have expanded in SC LBR 5075-1 and more matters have been added for self-scheduling under SC LBR 9013-4. In SC LBR 5075-1, delegations were added to (a)(6)-(9), (b)(1)-(3), (c)(3)-(9), and (d)(12)-(22). Various other delegated sections were amended to clarify that the obligations imposed therein arise regardless of whether the delegated party is the prevailing party. Exhibits A and C to 9013-4 were restyled to organize self-scheduled matters into certain categories. Exhibit A was also amended to add: extensions of time to file a chapter 11 plan; motions under SC LBR 1015-1; and requests for exemptions from credit counseling or financial management. The time period to object to a motion for relief from the co-debtor stay was also reduced from 21 to 14 days. The Court removed from the passive list applications to employ and consensual motions to modify a mortgage, which may be considered ex parte. Exhibit C was amended to add: applications to employ nunc pro tunc; reconsideration of stay relief orders; motions under Rule 3002.1; motions to extend the exclusivity period; motions to appoint a chapter 11 trustee; motions to convert or dismiss by a creditor or party in interest and by the debtor (if there was a previous conversion); motions by the United States trustee under § 707(b); and motions to continue the administration of the case after the death of the debtor.

New CM/ECF events are available for the self-scheduled matters added to SC LBR 9013-4. The Court continues to modify CM/ECF events for matters delegated under SC LBR 5075-1. Delegated parties should serve and file a certificate of service for delegated matters under SC LBR 5075-1 when the docket text indicates: "Notice and service of this event are delegated pursuant to SC LBR 5075-1." The judges wish to thank the Local Rules Committee for reviewing of these modifications.


Tue, 10/29/2013 - 5:00 am

The chapter 13 plan provides that if a secured tax debt is to be valued, the debtor will file a separate motion to value the claim and determine priority. The bar is presently using several different events to file the motion and filing the motion passively and non-passively. The Court has eliminated the CM/ECF events "Determine Tax Liability" and "Establish Tax Claim" and created the event "Value Tax Claim and Establish Priority," which should be used for this type of motion. Pursuant to SC LBR 9013-4, this motion should be set for a definite hearing and not filed passively.


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