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Local Rule Amendments

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

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.