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Judges' Corner Archive

Standard Form Orders Regarding Motions for Relief from Stay in Chapter 13 Cases Assigned to Judge Waites
Thu, 2/27/2014 - 4:00 am

Following a period for comment, the Stay Relief Procedures section of Judge Waites’ Chambers Guidelines has now been updated to include new procedures and forms regarding § 362 motions in Chapter 13 cases. The forms should be used for all orders submitted on or after March 10, 2014. The forms have been edited to incorporate comments received and two new forms have been added. The following forms are provided as Exhibits C – G to the Guidelines:



  1. Order granting relief from stay in Chapter 13 case based upon a failure to object to motion for relief from stay. See Exhibit C. 

  2. Settlement order for a motion for relief from stay based upon a post petition default in payment pursuant to a plan in a Chapter 13 case. See Exhibit D. 

  3. Order granting relief from stay in Chapter 13 case based upon failure to comply with settlement order. See Exhibit E (to be used in connection with Exhibit D). 

  4. Settlement order for a motion for relief from stay based upon a post petition default in payment where equity/value exists above Movant’s lien. See Exhibit F. 

  5. Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit G.

Exhibit E is a new form, which should be submitted in cases where the form settlement order in Exhibit D has been entered and the debtor has failed to make payments in accordance with that order. Exhibit F is also a new form, which should be used in instances where the equity/value above the Movant’s lien exceeds $5,000.00. In addition, a new CM/ECF event has been created to be used where the debtor fails to comply with the form settlement order in Exhibit F: Affidavit of Default and Request for Further 362 Hearing (available March 1, 2014).


As indicated in the Judges Corner posting on February 6, 2014, the use of the provided form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing. Parties may include non-standard language on the form Settlement Orders in the section provided or they may draft a settlement order containing non-standard language. Unless otherwise advised, a hearing, attended by counsel for all parties to the settlement, will be required for approval of any non-standard form settlement order or a settlement order containing non-standard language filed or presented to the Court in a Chapter 13 case on or after March 10, 2014.



Judge Waites appreciates your comments and hopes that these forms assist you in your practice.

New Staff in Charleston Divisional Office
Fri, 2/21/2014 - 4:00 am

Judge Waites is pleased to welcome Judith Benitez-Rosas to the Charleston divisional office as a member of his case team. Judith comes to South Carolina from the United States Bankruptcy Court in the Southern District of Florida (Miami) where she worked since 1996, most recently as a Case Administrator.


Judge Waites’ team members are:
Agnes Babb – Courtroom Deputy
Regina Schmidt – Courtroom Deputy
Judy Smith – Case Administrator/Work Leader
Connie Brooks – Case Administrator
Nicole Stalvey – Case Administrator
Judith Benitez-Rosas – Case Administrator

Request for Comments by Feburary 24, 2014 - Proposed Administrative Order Affecting Chapter 13 Cases
Tue, 2/11/2014 - 4:00 am

Judge Waites is considering the entry of this Administrative Order to assist in the administration of Chapter 13 cases assigned to him. Any party with comments should provide them by e-mail to Sarah_Kistler@scb.uscourts.gov by February 24, 2014.

Request for Comments by February 20, 2014 - Standard Form Orders Regarding Motions for Relief from Stay in Chapter 13 Cases
Thu, 2/06/2014 - 4:00 am

Judge Waites receives a large volume of settlement orders and other § 362 orders as a result of his assignment of Chapter 13 cases with three Chapter 13 Trustees. In order to maintain efficiency in the review and processing of these orders, Judge Waites has developed standard forms for use in his Chapter 13 cases. Effective March 1, 2014, the use of the following form orders relating to motions for relief from the automatic stay will allow for expedited consideration without a hearing:




    1. Settlement order for a motion for relief from stay based upon a post petition default in payment pursuant to a plan in a Chapter 13 case. See Exhibit A.
    2. Settlement order granting relief from the automatic stay to continue or pursue an action in family court. See Exhibit B.
    3. Default order granting motion for relief from stay in Chapter 13 case. See Exhibit C.


Parties may include non-standard language on the form Settlement Order in the section provided or they may draft a settlement order containing non-standard language. Beginning March 1, 2014, a hearing may be required for approval of any settlement order containing non-standard language.


Comments regarding the proposed forms may be submitted to Sarah_Kistler@scb.uscourts.gov on or before February 20, 2014. Any changes to the proposed forms as a result of comments received will be posted on the Court’s website prior to March 1, 2014.

Judge Waites' Fax Line
Tue, 12/31/2013 - 4:00 am

Judge Waites fax line has been restored and documents may now be faxed to Judge Waites' normal fax number  803-253-3464.

Judge Waites' Fax Line
Mon, 12/30/2013 - 4:00 am

Until further notice, documents faxed to Judge Waites' Chambers should be faxed to 803-253-3710.

Designation of Pro Bono or Low Bono Service
Mon, 12/02/2013 - 4:00 am

The Court has created three new text events for attorneys to use when representation is being provided at no cost or low cost to the debtor or where representation was effected via the Court's debtor assistance program. Use of these events is voluntary but encouraged to help the Court better track representation of needy debtors. The titles of the new events are: Representation Via Debtor Assistance Program; Pro Bono Representation of Debtor; and Reduced Fee Representation of Debtor.

National Rule and Form Amendments
Mon, 12/02/2013 - 4:00 am

Certain rules and forms were amended effective December 1, 2013. New Schedules I and J now provide an option for the debtor to supplement a previous filing to update income or expenses for purposes of determining plan feasibility. CM/ECF will be updated to allow for the filing of supplemental schedules I or J. Rule 1007(b)(7) was amended to allow the provider of an instructional course concerning financial management to file statement of completion with the Court. The Court has created an interface, known as eFinCert, whereby the debtor or provider can file the certificate of completion through the Court's website without a CM/ECF password. Rules 9006, 9013, and 9014 were also amended to provide for certain deadlines related to the filing of motion or responses. These amendments do not conflict with applicable local rules. Further information about the amendments may be found in a summary created by the Oklahoma bankruptcy courts.

Local Rule Amendments
Mon, 12/02/2013 - 4:00 am

Technical and clarifying amendments have been made to SC LBR 3015-5 and 9013-4. Both rules were amended to clarify that the noticing forms of SC LBR 3015-5 are used to notice a self-scheduled hearing requesting a standard or hardship discharge. The hearing notice for a hardship discharge, Exhibit D to SC LBR 3015-5, was also amended to clarify that the notice sets a definite hearing on the Motion for Hardship Discharge and the Certification of Debtor Information and Request for Hardship Discharge. The passive notice list was also amended to clarify that a motion to extend time to file a disclosure statement may be scheduled passively.

Closing of the Court for the Holidays
Thu, 11/21/2013 - 4:00 am

Please see the attached order regarding the Court's schedule during the upcoming holiday season. The order contains important information about computing time under the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, the Local rules or any applicable statute.

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