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Changes to Chambers Guidelines for Judge Burris and Judge Duncan

Thu, 04/07/2016 - 5:00am


Amendments to Chambers Guidelines 

New Chambers Guidelines are posted for Judge Burris and Judge Duncan, including changes highlighted below.

Both Judge Burris and Judge Duncan have made the following changes to their Chambers Guidelines:

  • Chapter 13 Fees pursuant to SC LBR 2016-1(b)(2)

      The Judges added supplemental fee amounts for loss mitigation or mortgage loan modification of up to $1,500 and an additional Supplemental Fee Form. A CMECF event to facilitate the filing of this form will be enabled.

  • Requests for Order Regarding Loss Mitigation/Mediation and Notification of Permanent Loan Modifications

            The Judges added new provisions with this title to their Chambers Guidelines as a result of the new CMECF event available for cases assigned to them consistent with the New CMECF Events for Loss Mitigation/Mediation (Loan Modification) Requests announced on 4/1/2016.


Judge Burris has made the additional change to her Chambers Guidelines:

  • Chapter 13 Fees pursuant to SC LBR 2016-1(b)(1)

      Judge Burris has increased the expedited fee amount for the purposes of 2016-1(b)(1) to $4,000 for Consumer and $4,500 for business cases for all cases assigned to her in the Spartanburg division only.


Judge Duncan’s revised Chambers Guidelines are also available on the Court’s website.  Minor changes have been made throughout the Chambers Guidelines.  More significant changes to Judge Duncan’s Chambers Guidelines include:

  • Duty to Consult Concerning Attendance of Witnesses

Judge Duncan added a new section regarding contested matters to clarify that parties have a duty to consult regarding contested matters and must be prepared to go forward at the first scheduled hearing in the matter.  For chapter 13 confirmation hearings, if the matter remains disputed at the time of the first scheduled confirmation hearing, the matter will be rescheduled to an available dispute date, at which witnesses must appear.

  • Section 362 Settlement and Default Orders

Judge Duncan added a new section to address his preference that parties use the available CM/ECF events for section 362 settlement and default orders.