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Chambers' Bulletins

Judge Waites

Mon, 3/05/2018 - 2:42 pm

362 Settlement Orders – Conduit

Effective today, at the request of the Chapter 13 Trustees, chambers will be eliminating the 362 settlement orders that result in the Debtor participating in the Conduit Procedure after previously making regular payments directly to the mortgage creditor. These settlement orders include Exhibit K, Exhibit L and Exhibit M. For cases pending that are assigned to Judge Waites, a 362 settlement order that provides for the maintenance of regular mortgage payments shall be by direct payments from the debtor to the mortgage creditor. 

Use of New Certification of Facts Form

As part of the changes to the local rules in December of last year, the form Certification of Facts was modified to provide a more detailed breakdown of the liens on the property that is subject to a motion for relief. The new form is available in the Local Forms section on the Court’s website. Chambers has observed that many of the recently filed motions for relief are not utilizing the updated form certification of facts. 

Please note that for purposes of motions filed under 11 U.S.C. § 362(d)(1) (for cause including lack of adequate protection), equity refers to the amount of equity above the movant’s lien, which is not always the net equity amount regarding all of the liens on the property.

Delegation of Service of LM/MM Orders

Starting today, the service of any Order Requiring Loss Mitigation/Mortgage Modification is delegated to Debtor’s counsel, and the Clerk of Court’s office will cease service of this order.

As a reminder, the service of the Order Appointing LM/MM Mediator and Order Regarding LM/MM Procedures (early case order) is also delegated to Debtor’s counsel by the terms of those orders.

LM/MM Reports, Emails and Correspondence

Chambers has recently received several emails and correspondence regarding LM/MM. Please note that any requests for a status hearing on a pending LM/MM review, including a hearing on the debtor’s timeliness to submit an application in the Portal, should be requested through a filed correspondence on CM/ECF. Chambers will not act upon email requests for a status hearing.

Also, any request for relief based on a party’s alleged wrongful conduct or lack of good faith in the LM/MM process should be sought through the filing of a Motion to Enforce LM/MM. Chambers will not act upon such requests for relief if included in a LM/MM Report, a filed correspondence or an email to chambers.


Mon, 10/30/2017 - 3:06 pm

Remarks from Judge Waites: 

I salute the Court’s recognition of the service of Judge Thurmond Bishop from 1987 to 2006. I was very fortunate to serve as his colleague for my first 12 years on the bench and learned a lot from him. I know the lawyers that appeared before him agree with me that his keen intelligence, dry wit and sense of humor, his focus on fundamental fairness and old fashioned common sense made him an outstanding judge. During his tenure, he handled some of the largest chapter 11 cases filed in this District, and was rated as one of the best bankruptcy judges in the country by one publication. At one point after the retirement of Judge Davis, Judge Bishop and I carried the largest caseload per judge in the country, but with frequent communication and the help from staff and the Clerk’s office, we never felt overwhelmed. 

I benefited from and miss our frequent lunches where we reviewed everything from our cases, to politics, news, sports and the latest family news. I was truly blessed to have his support and friendship over the years, as well as the closeness of our families, who grew up and were often together during our years on the bench. 

I know Judge Bishop always enjoys a call or visit if you are near Abbeville, so I encourage you to let him know he is missed.

On Behalf of the Court

Fri, 2/02/2018 - 2:30 pm

Our Court web page has a new feature.  Under the "Judges' Information" tab you will find a new link to "Chambers' Bulletins."  This link will take you to a new page containing messages and important announcements from one or more of the Judges of the Court.  Recent Chambers' Bulletins are available on the opening page of the web site, opposite News & Announcements.  News & Announcements will continue to report courtwide news, administrative matters, and news from the Clerk's office.  Chambers' Bulletins will contain courtroom and chambers news and information.

If you practice in one division or need to consult the preferences and practices of a particular judge you can restrict your search to that judge (and can even choose to subscribe only to alerts from that judge).  Announcements by the Chief Judge and those on behalf of all the Judges will be under the "On Behalf of the Court" heading and all CM/ECF registered users will receive alerts with those messages, along with News & Announcements alerts as in the past.  Substantive messages from the old Judges' Corner Archive are still available on the Chambers' Bulletins page.

 The Court's web page also has a new Advanced Search Feature.  To access the Advanced Search feature, click on the "Go" button in the search feature on the upper right hand side of the web page.  A Search page will appear, and below the box for "Enter your keywords", "Advanced search" will appear.  If you click on Advanced search, you will have various options for searching.  Using this feature, you can search specific keywords and can select options to search only Chambers' Bulletins or News & Announcements. 

Fri, 1/26/2018 - 1:29 pm

The Chapter 13 Interest Rate Committee has met and recommended an increase to the presumptive interest rate in chapter 13 cases.  After consideration, the Court has adopted the recommendation of the committee.  The presumptive interest rate in chapter 13 cases to be applied to secured claims will become 6.00%, effective for cases filed on or after March 1, 2018.  Operating Order 18-01 adopting the new interest rate is available here.  The Court thanks the members of the Chapter 13 Interest Rate Committee for their work and recommendation.

Mon, 1/22/2018 - 11:53 am

Notwithstanding the lapse in appropriations for the federal government, the federal judiciary, including our Bankruptcy Court, remains open and continues to provide all usual services. The Case Management/Electronic Case Files (CM/ECF) system is operational. 

The Court will provide additional information as necessary.

Mon, 1/08/2018 - 3:53 pm

The Court has received comments from some attorneys raising concerns about editing limitations in the fillable pdf version of the chapter 13 form plan available on the Court’s website.  While the Court’s IT staff will continue efforts to make the fillable pdf form as user friendly as possible, there are unfortunately inherent limitations in the pdf version of the plan which may make editing it difficult.  In the event that you experience difficulty using the fillable pdf version of the form plan, the Court recommends using either the Word or WordPerfect version of the form plan.  Both are available on the Court’s website on the Local Forms page under the heading “Local Rules Forms.”  Please note that due to licensing issues, the Court may not be able to provide future support for the WordPerfect version of the form plan.

The Court has also revised the chapter 13 form plan to correct a scrivener’s error in section 4.4.  A check box has been added before the third, “Other Priority Debt” box.  This change has been made to all available versions of the chapter 13 form plan.

Thu, 11/16/2017 - 4:14 pm

The Judges met and considered comments received to the proposed local rules.  Upon agreement of the Judges, the following rule changes will be effective December 1, 2017.  The changes are summarized as follows:

1.     All exhibits have been removed from the Local Rules and will instead be placed on the Court’s Locally Maintained Court Forms page.  Each form associated with a Local Rule will be accessible through a hyperlink in the relevant Local Rule.  Local Rule 1001-1 was amended to replace references to exhibits to references to local forms.

2.     Local Rule 2016-1(b)(1) was amended to remove the requirement that the amount of attorney’s fees agreed upon between the attorney and the debtor be stated in the chapter 13 plan.

3.     Local Rule 2082-1 was amended to reference family fishermen, in addition to family farming operations.  The chapter 12 plan was substantially revised.  Motions to value or avoid liens can now be contained within the chapter 12 plan.

4.     Local Rule 2090-1 was amended to require a party moving for pro hac vice admission to file a new local form with their motion.  The local form requires that the applicant agree to abide by local rules and Chambers’ Guidelines as well as set forth their proficiency in bankruptcy law and procedure.

5.     Local Rule 3015-1 was revised to require the local form plan to be used as the form for any plan filed in a chapter 13 case.

6.     Local Rule 3015-2 was substantially changed.  Modifications before confirmation require that the debtor file and serve the form plan, along with, if necessary, a local form Notice of Confirmation Hearing.  Post-confirmation modifications to a chapter 13 plan now require a motion to modify, as set forth in subsection (b).  Finally, plan payments may now be increased by the filing of a stipulation between the debtor and the trustee.

7.     Local Rule 3015-3 was amended to clarify the Court’s revised procedures regarding scheduling of confirmation hearings and confirmation of plans.

8.     Local Rule 3015-6 was amended to delete subsection (d).  If an objection to a proposed interest rate is filed, the objection will be considered at the confirmation hearing.  No response by the debtor is necessary.

9.     Local Rule 4003-2 was amended to remove reference to chapter 12, since motions to avoid liens can now be included in a chapter 12 plan.  The procedure for obtaining an order that a lien has been satisfied in a chapter 13 case was removed from the Local Rule, as it is now governed by Fed. R. Bankr. P. 5009(d).

10.  Local Rule 5075-1 was amended to delegate additional matters for notice: (1) ballots for a chapter 11 plan to the proponent; (2) notice of confirmation hearing in chapter 12 or 13 to the debtor; and (3) order declaring that a secured claim has been satisfied or lien avoided in a chapter 12 or 13 case to the debtor.

11.  Local Rule 9013-4 was amended to add motions to modify confirmed chapter 13 plans and motions pursuant to Fed. R. Bankr. P. 5009(d) to the passive list and motions/applications nunc pro tunc to the non-passive list.

12.  Local Rule 9018-1 was amended to allow paper copies of sealed documents to be destroyed 2 years after the closing of the case, if the documents have been electronically filed.

13.  Minor amendments were made to other rules and forms.  Several forms were revised to conform to Fed. R. Bankr. P. 9009 and the respective Official Form.

The Judges thank those practitioners and parties who provided comments, as well as the following members of the Local Rules committee:

  • Kathleen M. Muthig
  • John Timothy Stack
  • Katherine L. Rea
  • Michael Kevin McCarrell
  • Russell A. DeMott
  • Michael H. Weaver
  • Christine E. Brimm

Mon, 11/06/2017 - 11:18 am

Please see the attached order regarding the Court's schedule for the upcoming holiday season and for computing time during that period.

Judge Duncan

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
☐ Yes
☐ No

Escrow for
☐ Yes
☐ No

Or more


Or more



Escrow for
☐ Yes
☐ No

Escrow for
☐ 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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