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Default Stay Relief Orders

Monday, September 8, 2014

In lieu of submitting a proposed order, as required by SC LBR 4001-1(a)(3) on uncontested motions for relief from the automatic stay, the Judges have approved a process to expedite the consideration of such motions. Where no timely response has been filed to a motion for relief from stay, attorneys should now use a new CM/ECF event "Certification of No Response and Request for Default 362 Order." The event requires the attorney to certify within the event that no objections are pending, service was made on appropriate parties in interest, 503(b) and 507(b) claims have been waived, and that surplus funds will be returned to the estate. In Judge Waites and Judge Burris' cases, the movant can also indicate whether a waiver of 4001(a)(3) was requested. The event does not require the submission of an image. Once completed, the event will create an order for relief that meets individual judge preferences allowing for expedited consideration. If you have questions about the event, please contact the Help Desk at 803-253-3624.