On May 15, 2024, the Court advised the bar of proposed amended SC LBR 2016-1, noting the following proposed amendments:

1. raises the expedited fee amount (the “no look” fee) to $5,000 for a consumer debtor and $6,000 for a debtor engaged in business;
2. defines what constitutes a “business case”;
3. sets forth a list of those matters excluded from the expedited fee amount;
4. allows the debtor’s attorney to file an application for reimbursement of costs if costs and expenses for a particular matter exceed $50;
5. provides that the initial disbursement after confirmation remains at $1,500; and
6. requires the Advisory Committee to review the expedited fee amount at least every other year to determine if an increase is warranted.

The revised proposed rule represents the Advisory Committee’s efforts to resolve the bar’s concerns with both the current Rule and the prior proposed revisions, to compromise and balance the interests and viewpoints of debtors, debtors’ attorneys, the chapter 13 trustees, the United States trustee, and the Judges. The Court requested comments and suggestions. After non-substantive changes were made to the last draft of the proposed rule, and upon the recommendation of the Advisory Committee, the amendments to SC LBR 2016-1 have been adopted by the Court. The amendments are applicable to compensation or retainer agreements, or amendments thereto, entered on or after July 1, 2024, when those agreements govern compensation for a case filed on or after July 1, 2024. Prior applicable rules shall govern all other compensation or retainer agreements entered and cases filed prior to July 1, 2024.

A copy of the Order amending the Rule, and a clean copy and a redline of the amended rule are included here.  Local Rules posted on the website will be updated on or about July 1, 2024, to reflect the amendments. A copy of the pre-July 1, 2024, rule will be posted in the same location for reference for existing cases.

The Court thanks the Advisory Committee for their hard work with this rule and for their continuing advice, and also the Bar for their insightful comments.

Advisory Committee on Local Rules, Practice, and Procedures
Linda K. Barr
Kyle A. Brannon
Kevin T. Brown
Phillip M. Fajgenbaum
Dawn M. Hardesty
William S. Koehler
Travis E. Menk
Vaughan R. Perry
Roger K. Pruitt
David B. Wheeler
Suzanne Campbell Chisholm (new member appointed June 2024)