The Court and the Advisory Committee on Local Rules, Practice, and Procedures invite comment on proposed changes to the local rules and corresponding local rules forms to scbml_lr_comment@scb.uscourts.gov on or before November 10, 2023. The local rules were reviewed extensively and while a list of all proposed amendments is not practical, a redline version of the rules is available here and noteworthy revisions are summarized below. In the absence of negative public comment and withdrawal or revision by the judges, these rules will be effective December 1, 2023.
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Rule(s) |
Proposed Change |
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1006-1, 1007-2, 1007-3, 1015-1, 1017-2, 1073-1, 2014-1, 2081-2, 3001-1, 3015-3, 3018-1, 4001-1, 4003-1, 4004-1, 4008-1, 5070-1, 9011-3, and 9027-1 |
Abrogated because they were duplicative of or in conflict with sections of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and/or provisions in standard orders or notices. |
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2016-1 |
Substantial amendments to the chapter 13 expedited attorney’s fees procedure. |
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2083-1 |
The rule is new and provides a local form for a Small Business Subchapter V debtor to file a status report. |
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3015-1 |
Amended to incorporate the conduit procedures provided in Operating Order 23-01. |
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3015-6 |
Amended to remove a separate procedure for objections to periodic interest rate. |
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4001-4 |
Substantial amendments to replace provisions that normally are and are not approved with provisions that must be prominently highlighted in motions and consent orders for use of cash collateral or to obtain credit. |
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5005-4 |
Amended to provide new procedures for pro se filers to electronically file chapter 7 or 13 petitions and other documents. |
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6004-1 |
Amended to provide separate local forms for applications to sell property under § 363(b) and to sell free and clear of liens under §363(f) as well as corresponding proposed orders. |
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7030-1 |
Amended to reference the District Court Local Rule rather than restate its provisions. |
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9013-1 |
Amended to remove the duty to confer prior to self-scheduling a matter. |
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9013-2 |
Amended to remove certain requirements for legal briefs/memoranda and to impose a duty to confer. |
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9013-4 |
Amended to include a waiver of automatic relief by self-scheduling a hearing beyond the applicable time period. |
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Exhibits to 9013-4 |
Amended to add § 362 motions to the non-passive list. |
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9036-1 |
Amended to provide automatic electronic noticing for debtors who submit bankruptcy documents through eSR and/or EDSS. |
Local Rule Forms Amendments:
- 1009-1 – form for statement of change for amended petition, lists, schedules, or statements;
- 2016-1 – expedited fee selection form pursuant to the amended chapter 13 attorney’s fees procedure;
- 2083-1 – Subchapter V status report form;
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3015-1:
- Amended chapter 13 form plan to include lien retention language, remove reference to chambers guidelines and operating orders
- Amended consent for payment of funds to creditors and debtor’s attorney to remove reference to SC LBR 3070-1
- 4001-4 – amended notice and motion pursuant to Fed. R. Bankr. 4001(d) form to reference corresponding amendments to the local rule;
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6004-1:
- Notice and Application for Sale of Property pursuant to § 363(b) (chapters 7, 12, 13)
- Notice and Application for Sale of Property pursuant to § 363(b) (chapter 11)
- Order Authorizing Sale of Asset Pursuant to § 363(b)
- Notice and Application to Sell Free and Clear of Liens pursuant to § 363(f) (chapters 7, 12, 13)
- Notice and Application to Sell Free and Clear of Liens pursuant to § 363(f) (chapter 11)
- Order Authorizing Sale of Asset Free and Clear Pursuant to § 363(f)
The judges would like to thank the members of the Advisory Committee on Local Rules, Practice, and Procedures for their assistance and commitment. In addition to comments submitted as indicated above, questions regarding the proposed amendments may be directed to those individuals.
Linda K. Barr
Kyle A. Brannon
Kevin T. Brown
Phillip M. Fajgenbaum
Dawn M. Hardesty
William S. Koehler
Sean P. Markham
Travis E. Menk
Vaughan R. Perry
Roger K. Pruitt
David B. Wheeler