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Announcement of Procedures in Judge Waites' Cases

Mon, 12/21/2015 - 4:00am

1. Reporting Loss Mitigation/Mortgage Modification Issues/Request for Hearing:

Upon the issuance of an Order Requiring Loss Mitigation/Mortgage Modification (Portal), certain deadlines are established for the exchange of information to facilitate good faith loss mitigation reviews between a mortgage creditor and debtor.

According to Chambers Guidelines, upon the failure of one party to act within the time frames established in the Order Requiring Loss Mitigation/Mortgage Modification, the other party must report this failure to chambers by correspondence. Based thereon, the Court will set a status hearing to inquire about the delay.

Additionally, Chambers Guidelines states that upon one party’s failure to act in good faith, the other party must report the failure to chambers by correspondence. However, if a party seeks specific relief based upon an assertion that the other party made a demonstrable error in the review, is not acting in good faith during the loss mitigation review or other specific grounds of incompliance with the Court’s Order or Guidelines, that party should file a motion setting forth the particular allegations and specific relief for Court review. Upon a determination of cause, the Court may set a hearing and require attendance of the debtor and a representative of the mortgage creditor who is most knowledgeable on debtor(s)’ loss mitigation/mortgage modification request and any other relevant party, along with their counsel.

In addition, in lieu of a hearing before the Court, any party participating in the loss mitigation/mortgage modification review may request by motion the appointment of a mediator to assist in the resolution of disputes arising from the loss mitigation/mortgage modification review process.

 2. Request for Attorneys Fees upon Conversion of Chapter 13 Case to Chapter 7:

Pursuant to SC LBR 3070(c), in connection with a conversion of a Chapter 13 case to Chapter 7, a debtor may consent to payment of outstanding attorneys fees and costs owed to his Chapter 13 Attorney as part of the Chapter 13 Trustee's final distribution. The following forms may be used to request such payment:  Consent to Allow Return of Funds to Debtor Attorney     Order RE: Return of Funds to Debtor Attorne Upon Conversion