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Case Administration Reminders

Fri, 09/15/2006 - 5:00am

1. Timing of completion of personal financial management course: Apparently some debtors are completing the financial management course before they file (possibly when they are obtaining credit counseling to meet the requirements of section 109(h)). It appears also that in some instances the certification is being filed (Official Form 23) along with the filing of the case when the financial management course may not yet have been completed. Sections 727(a)(11) or 1328(g)(1) reference completing the financial management course "after filing of a petition." Note that SC LBR 1007-2 (IBR 1007) provides that the certification is to be prepared per the Official Form, which is pending amendment October 1, 2006. The new Form will require evidence of completion by a certificate number.

2. Conversion to Chapter 7: Section 342(d) requires the Clerk to give notice to all creditors of the presumption of abuse in a chapter 7 within 10 days of the filing of the petition. The presumption is indicated in the top box of the official form B22A, mandated to be filed by a debtor in a Chapter 7 case by SC LBR 1007-2 (IBR 1007(b)(4)). In the instance of conversion of a case to Chapter 7, a new Form B22A should be filed within 10 days of conversion (not merely a refiling of the Chapter 13 Form B22C).

3. Discrepancy in electronic login and filer or signer: There are instances where the attorney e-filer (indicated by login) is not the same attorney as the one who signed the petition or pleading being filed. The Guidelines for the Filing of Documents provide that a Participant’s password shall be used only by the Participant or member of his/her law firm, as authorized by the Participant. In instances in which there is a discrepancy between the login and signature, it is the opinion of the judges that both the attorney e-filer and the attorney who signed the document are responsible attorneys for Rule 9011 purposes and Local Rule 9010-1. Therefore care should be taken in using the correct login for the filing of documents.

4. Chapter 13 discharge: The procedure for obtaining a discharge in a Chapter 13 Reform Act case has been set forth in amendments to Local Rule 3015-1 effective September 29, 2006. Please review and adhere to that new procedure.