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Proposed Local Rule Changes to become effective December 1, 2017

Tuesday, October 3, 2017

The Local Rules Committee has proposed revisions to the Court’s local rules.  While all of the judges have not yet fully reviewed the revisions, due to time constraints and a December 1 implementation deadline, these proposed local rules are being posted for public comment.  A summary of these changes is as follows:

  1. The forms contained in the local rules have been removed.  The forms will be posted on the Court’s Local Forms page.  References to the forms within the local rules will be a hyperlink to the form.  This change is being made so that revisions to the local forms can be made from time to time without the requirement of public comment and a change to the local rules.

  2. Many of the forms that were previously exhibits to the local rules have been changed.  Additionally, the District is proposing a new chapter 12 plan, a new supplemental form for pro hac vice admission applications, and a new form motion to modify plans post-confirmation.  With the exception of these three forms, the changes to the forms are to conform them to Official Forms.  The chapter 12 plan, the pro hac vice admission supplemental form, and the motion to modify plan form are included in the packet posted for public comment. The other forms are not included.  However, a copy of the forms with the B20A notice changes will be provided upon request directed to the Chief Deputy Clerk of Court, Jeff Davis.

  3. The District’s new chapter 13 form plan was previously posted for public comment, and the comment period has expired.  The judges are continuing to consider the comments received with the goal of circulating the final plan soon. Clerk’s office and judge’s procedures are also being finalized.

  4. Local Rules 3015-1 through 3015-7 have undergone substantial changes.  References to service requirements have been removed in SC LBR 3015-1 and 3015-2.  SC LBR 3015-2, addressing modifications to chapter 13 plans, has been substantially reworked.  Base plan amendments are no longer needed under the rules because plan payments may be increased by stipulation of the debtor and the chapter 13 trustee under proposed SC LBR 3015-2(c).  SC LBR 3015-7 is new, but its language was taken from current SC LBR 3015-3.

  5. Motions/Applications Nunc Pro Tunc have been added to Exhibit C to SC LBR 9013-4, with a 14 day objection period.  Previously, only nunc pro tunc employment applications were addressed.

  6. Local Rule 9018-1 has been changed to provide a mechanism for destroying any copies of sealed documents that have been electronically filed.

  7. Notes identifying the changes to the other local rules are included at the end of each rule.

Please send any comments concerning the proposed local rules to on or before October 20, 2017.  The Court will consider all comments, and will make any necessary final revisions to the local rules.  The local rules will become effective December 1, 2017.