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LOCAL RULE 3011-1: DISPOSITION OF UNCLAIMED FUNDS a. Depositing of Unclaimed Funds. The party submitting the unclaimed funds shall certify that the claim remains unsatisfied, describe the party's efforts to locate claimant, and, pursuant to Fed. R. Bankr. P. 3011, state the last known address for the claimant. The Clerk’s Office maintains a searchable database of unclaimed funds deposited with the Court pursuant to 11 U.S.C. § 347. b. Chapter 11 Liquidating Plan. A chapter 11 liquidating plan may provide that any unclaimed funds or undistributable funds1 may be: 1.

Redistributed to other creditors or administrative claimants, or 2. Donated to a not-for-profit organization, which shall be identified in the plan or disclosure statement accompanying the plan. In order for any donation pursuant to this rule to be effective, counsel for the proponent of the plan shall, at the confirmation hearing, call the Court's attention to the provision. c. Application for Payment of Unclaimed Funds. Any party2 who seeks the release of unclaimed funds held pursuant to 11 U.S.C. § 347(a) must file an Application for Payment of Unclaimed Funds in substantial conformance with Director’s Form 1340 and serve a copy of the Application on the United States Attorney for the District of South Carolina. d. Identifying Information.

The applicant shall also submit the Court's local form, which requires information confirming the applicant’s identity along with a Form W-9, AO 213P, or AO 213.3 e. Supporting Documentation. The following supporting documentation, if applicable, shall be filed with the Application: 1. For Owners of Record.

A. Proof of Identity.

2. For Successor Claimants. A successor claimant is a party entitled to the unclaimed funds as the result of a transfer, assignment, purchase, merger, acquisition, or succession by other means.

A. Business Non-Individual Claimants.

(i) Proof of identity of owner of record; (ii) A notarized power of attorney signed by an officer of the successor business; (iii) A statement of the signing officer's authority; (iv) Documentation establishing chain of ownership from the original business claimant; and 1 For purposes of this rule, undistributable funds are any funds other than unclaimed funds, including, but not limited to, funds that cannot be disbursed because (a) a creditor has affirmatively rejected a distribution, (b) the administrative costs of distribution effectively interfere with distribution, or (c) all creditors, including administrative claimants, have been paid in full and there is no one that has a right to the funds. 2 For purposes of this rule, the "applicant" is the party filing the application and the "claimant" is the party entitled to the unclaimed funds. The applicant and the claimant may be the same. Parties other than individuals must be represented by an attorney admitted to practice in this Court.

See SC LBR 2090-1 and 9011-2(c). 3 These forms shall be filed in CM/ECF and public access shall be restricted. Form W-9 is available at www.irs.gov and Forms AO 213P and AO 213 are available at www.uscourts.gov/services-forms/forms. - 16 - (v) A certificate of service pursuant to SC LBR 9013-3(a) indicating the Application was served on the owner of record and all previous owner(s) of the claim at their current address, or an affidavit or declaration consistent with 28 U.S.C. § 1746 explaining why service on the owner of record and all previous owner(s) is not possible or necessary.

B. Individual Claimants.

(i) Proof of identity of the owner of record; (ii) Proof of identity of the successor claimant; (iii) Documentation evidencing the transfer of claim; and (iv) A certificate of service pursuant to SC LBR 9013-3(a) indicating the Application was served on the owner of record and all previous owner(s) of the claim at their current address, or an affidavit or declaration consistent with 28 U.S.C. § 1746 explaining why service on the owner of record and all previous owner(s) is not possible or necessary. 3. For Decedent's Estate. A. Proof of identity of the owner of record; B. Proof of personal identity of the estate administrator; and C. Certified copies of probate documents establishing the representative's right to act on behalf of the decedent’s estate.

4. For Claimant Representatives 4 A. Proof of identity of the owner of record; B. A notarized, original power of attorney signed by the claimant on whose behalf the representative is acting; C. Proof of identity of the representative; and D. Documentation sufficient to establish the claimant's entitlement to the funds. f. Objection. Any party objecting to the relief sought in the application shall, within twenty-one (21) days after service thereof, serve upon the applicant and other appropriate parties and file with the Court an objection to the application. If no objection is filed with the Court within twenty-one (21) days after the filing and service of the application, the application and accompanying documents may be considered by the Court without hearing.

Notes: (2023) Paragraph (a) was amended to note the unclaimed funds searchable database maintained by the Clerk’s Office to conform to amendments to Fed. R. Bankr. P. 3011. (2025) Paragraph (e)(2) was amended to require successor claimants serve the Application on the previous owner(s) of the claim or provide a sworn statement as to why service is not possible or necessary. 4 The court will only issue payment to the owner of record. - 17 - LOCAL RULE 3015-1: CHAPTER 13-FILING A PLAN AND SERVICE OF PLAN a. Local Form Plan. The District of South Carolina local form plan, adopted pursuant to Fed. R. Bankr. P. 3015.1 and as amended from time to time, must be used as the plan and as any modified plan proposed in a chapter 13 case.

1. Notice of Hearing of Plan and Modification of Plan Before Confirmation. All debtors must file a plan and serve all parties in interest. Responding parties must be given at least 28 days’ notice of the confirmation hearing (Fed. R. Bankr. P. 2002(b , and at least 21 days’ notice of the time fixed to file objections (Fed. R. Bankr. P. 2002(a)(9 .

However, pursuant to Fed. R. Bankr. P. 3015(f), the ultimate deadline for filing a response with the Court (both to the plan and embedded motions) is no later than seven days before the date set for the confirmation hearing. Certain embedded motions in a Chapter 13 plan must be served on the affected parties pursuant to Fed. R. Bankr. P. 7004. If a modification before confirmation is not filed in sufficient time to give adequate response time as indicated herein, consult SC LBR 3015-2(a). 2.

Notice and Opportunity for Hearing on Modifications After Confirmation. Consult with SC LBR 3015-2(b). b. Conduit Plans. A debtor seeking to make post-petition contractual payments secured by a properly perfected mortgage on the debtor’s principal residence1 (“Mortgage Payments”) to the chapter 13 trustee (“Trustee”) through a chapter 13 plan filed pursuant to 11 U.S.C. §§ 1321, 1322, 1323, or 1329 and the provisions of this Rule and SC LBR 3015-2 (“Conduit Plan”) shall comply with the following: 1.

PROCEDURE A.

Feasibility Factors. If one or more of the circumstances enumerated below (“Feasibility Factors”) exists on the petition date with respect to Mortgage Payments, arguments exist regarding the feasibility of a proposed plan under 11 U.S.C. § 1325(a)(6), and a Conduit Plan may be warranted: 1. the Mortgage Payments are three or more months past due; 2. within one year of the petition date in the current case: a. any mortgagor was a debtor in a Chapter 13 case that was dismissed; or b. any mortgagor was a debtor in a prior Chapter 13 case in which a mortgagee obtained relief from the stay pursuant to 11 U.S.C. § 362; or 3. a foreclosure action related to the Mortgage Payments was pending in state court on the petition date.

B. Requirements When a Feasibility Factor Is Present.

For cases presenting one or more Feasibility Factors in which the debtor proposes a plan that is not a Conduit Plan (“Non-Conduit Plan”), the debtor shall provide to the Trustee at least fourteen (14) days prior to the first confirmation hearing evidence of feasibility of the Non-Conduit Plan substantially in the form of the Statement in Support of Non-Conduit Plan, along with, but not limited to, all the information required therein (this document should not be filed with the Court at this time). If the Trustee is satisfied with the evidence provided as to the Non-Conduit Plan’s feasibility, the Trustee may elect to recommend confirmation if other conditions for confirmation are met.

C. Contested Confirmation Hearings.

Absent the Trustee receiving timely, satisfactory evidence of feasibility of the debtor(s)’ Non-Conduit Plan, the Trustee may object to confirmation of the Non-Conduit Plan. If an objection is filed, not less than five (5) business days prior to the confirmation hearing, the debtor shall file with the Court the Statement in Support of Non-Conduit Plan previously provided to the Trustee, 1 A mortgage securing a Home Equity Line of Credit (“HELOC”) loan is excepted from the conduit procedure. - 18 - indicating that a contested confirmation hearing will be held.

D. No Limitation of Rights.

Nothing herein shall be interpreted to limit the ability of the Trustee or any other party to object to confirmation of a plan on any grounds or the filing of a Conduit Plan by the debtor(s) on a voluntary basis to address debts not described herein. 2.

CONDUIT PLAN A.

Form. A Conduit Plan is proposed by checking the appropriate box in the form plan provided, as applicable, and including Approved Non-Standard Language for Conduit Mortgage Plans in Part 8, and through compliance with the terms herein.

B. Mortgage Payment Classification.

The Conduit Plan may include up to five (5) Mortgage Payment classes: 1. Pre-Petition Arrears. This class includes any pre-petition Mortgage Payments and the Mortgage Payment due during the month of filing the petition or the date of an order converting the case to chapter 13 (“Conversion Date”). 2.

Conduit Mortgage Payments. This class includes: a. post-petition Mortgage Payments, beginning with the payment due in the third calendar month following the month of filing the petition or the Conversion Date; or b. post-petition Mortgage Payments, beginning with the payment due in the third calendar month following the occurrence of any other event requiring the debtor to make Mortgage Payments through a Conduit Plan. 3. Gap Payments.

This class includes post-petition Mortgage Payments due the two (2) months: a. b. immediately after the month of filing the petition or the Conversion Date; or immediately after the occurrence of any other event requiring the debtor to make Mortgage Payments through a Conduit Plan. 4. Post-Petition Charges. This class includes fees, expenses, or charges itemized in the Notice of Fees, Expenses, and Charges pursuant to Bankruptcy Rule 3002.1 (“3002.1(c) Notice”).

5. Post-Petition Arrears. This class includes: a. a delinquency in Mortgage Payments resulting from a moratorium granted for a prior Conduit Plan, or a post-petition delinquency on the gross monthly payment by the debtor to the Trustee under a Conduit Plan; and b. with the consent of the Trustee, Mortgage Payments to be paid pursuant to 11 U.S.C. § 362 settlement orders.

C. Plan Payments Due from the Debtor.

1. Trustee Percentage Fees. The proposed Conduit Plan shall provide sufficient funding to cover the Trustee fee fixed pursuant to 28 U.S.C. § 586(c). 2.

Conduit Mortgage Payments. The sums included in the plan payment required by the Trustee for disbursement to the Conduit Mortgage Payment class (SC LBR 3015-1(b)(2)(B)(2 shall be in the amount: a. initially as estimated by the debtor in the Conduit Plan; - 19 - b. set forth in the mortgage creditor’s Compliant Proof of Claim (a proof of claim filed in full compliance with the Official Forms and Bankruptcy Rules 3001 and 3002) or any allowed Notice of Mortgage Payment Change filed in compliance with the deadlines and service requirements set forth in Bankruptcy Rule 3002.1(b) and using the applicable Official Forms; or c. set forth in a proof of claim filed for the mortgage creditor pursuant to 11 U.S.C. § 501(c) if no Compliant Proof of Claim is filed. 3. Increases in Plan Payments.

See SC LBR 3015-2. 4. Moratoriums. Requests for moratoriums filed in cases with Conduit Plans may be in the form of a motion for moratorium or a modified plan.

Motions shall be in substantial conformance with the local form Motion to Modify Plan to Allow a Moratorium of Payments (Conduit Plan) and must be filed and served on all interested parties. 5. Insufficient Funds. Plan payments from the debtor to the Trustee that are not honored due to insufficient funds or for any other reason by the Trustee’s financial institution will be deemed “not received.” 3.

DISBURSEMENT BY THE TRUSTEE A.

Timing. Unless otherwise ordered by the Court, Mortgage Payments paid through a Conduit Plan will be retained by the Trustee until entry of an Order pursuant to 11 U.S.C. § 1325 (“Order Confirming the Plan, after which time the Trustee shall commence disbursements as soon as is practicable. Thereafter, disbursements by the Trustee will be made after receipt and posting of payments from the debtor, but no disbursements will be made until the Trustee can ensure funds are available. All disbursements will be made in accordance with the Trustee’s established office policies and procedures and, therefore, may not coincide with the payment due date set forth in the agreement or documents governing the loan terms between the debtor and mortgage creditor.

If funds are available, payments by the Trustee to mortgage creditor shall continue through the final month of the confirmed Plan term, with the debtor to resume direct payments to the mortgage creditor the month following or as directed by the Trustee.

B. Confirmed Plan.

1. Partial Payment Disbursement. If the debtor pays the Trustee less than the full plan payment, the Trustee is authorized to apply the funds received and make disbursements in the following order: (1) Trustee Percentage Fees; (2) Mortgage Payments provided in the Conduit Plan; (3) all other secured claims (including but not limited to Pre-Petition Arrears, Gap Payments, Post-Petition Charges, and Post-Petition Delinquencies) included in the Conduit Plan and the balance of the debtor’s attorney’s fees on a pro rata basis; (4) priority unsecured claims on a pro rata basis; and (5) general unsecured claims on a pro rata basis. 2.

Mortgage Creditor Claims. a. Compliant Proof of Claim. Until such time as the mortgage creditor files a Compliant Proof of Claim or a proof of claim for the mortgage creditor is filed pursuant to 11 U.S.C. § 501(c), the Trustee will not disburse funds to the mortgage creditor for the Mortgage Payment paid through the Conduit Plan. If the Mortgage Payments paid through a Conduit Plan are placed into a suspense, forbearance, or similar account, they will be deemed to have been timely applied pursuant to this subsection. - 20 - b. Request for Mortgage Creditor Report. If the mortgage creditor has not filed a Compliant Proof of Claim but the plan is otherwise ready for confirmation, the Trustee may file a Request for Mortgage Creditor Report (the “Request”) requiring the mortgage creditor to file either a Compliant Proof of Claim or a Mortgage Creditor Report, providing: an estimate of Pre-Petition Arrears, the ongoing monthly payment amount, and the status of escrow.

The Request shall contain notice to the mortgage creditor that a hearing on the Request has been scheduled. Any hearing on the matter shall be attended by a representative of the mortgage creditor sufficiently knowledgeable to testify about the specific amounts due, and counsel for the mortgage creditor. c. Notice of Payment Change. No Notice of Payment Change filed by the mortgage creditor pursuant to Bankruptcy Rule 3002.1 is effective to change the amount of the Mortgage Payment paid through a Conduit Plan unless and until a Compliant Proof of Claim is filed. Mortgage creditors shall file and serve a Notice of Mortgage Payment Change in accordance with the applicable Official Form, as required by Bankruptcy Rule 3002.1(b), to reflect any changes in the monthly mortgage payments or escrow amounts that occur during the term of the plan.

C. Plan Not Confirmed.

See SC LBR 3070-1 and Local Forms (Consent Allowing Payment of Funds to Creditor(s) and Debtor(s) Attorney and Order Allowing Payment of Funds to Creditor(s) and Debtor(s)’ Attorney). 4.

DUTIES OF MORTGAGE CREDITORS A.

Post-Petition Charges. Regardless of the disbursement date of the Mortgage Payment paid through a Conduit Plan, the mortgage creditor shall not: (1) declare the loan in default; (2) impose any Post-Petition Charges incurred on account of any delay in the mortgage creditor’s receipt of any payment paid pursuant to the Conduit Plan; or (3) seek to recover or assess late fees or penalties incurred on account of any delay in the mortgage creditor’s receipt of any payment paid pursuant to the Conduit Plan. The debtor should timely review all 3002.1(c) Notices. If the debtor advises the Trustee of an agreement to pay the Post-Petition Charges or fails to file a timely objection to the 3002.1(c) Notice, the Trustee may pay the Post-Petition Charges.

The debtor’s advice to the Trustee of an agreement to pay or the debtor’s failure to timely object will be deemed a waiver of any claim against the Trustee for payment of the Post-Petition Charges. B. Change by Mortgage Creditor of Name, Address, Servicer, or Trustee, or Transfer or Sale of Loan Documents. To disburse payments, the Trustee will not acknowledge any change of the name or address of the mortgage creditor or any transfer or assignment of claim until a reasonable time after the filing of a notice that complies with Bankruptcy Rule 3001(e) and/or other applicable Rules.

C. Notices of Mortgage Servicing Transfers.

Notices pursuant to 12 CFR § 1024.33 (“hello” and “goodbye” letters) shall be provided to the Trustee within the deadlines provided in that authority, as may be amended from time to time, by the filing of the notice with the bankruptcy court with privacy information redacted. The Trustee may then hold disbursements pending compliance with SC LBR 3015-1(b)(3)(B). Notes: (2022) Paragraph (b) was added to incorporate former Operating Order 22-03. - 21 - (2023) Paragraph (b) was amended to incorporate former Operating Order 23-01. (2025) The rule was revised to clarify the noticing requirements for confirmation hearings and update the conduit procedure. - 22 - LOCAL RULE 3015-2: MODIFICATIONS TO CHAPTER 13 PLAN a. Before confirmation.

The debtor must complete, serve, and file with the Court the local form plan required by SC LBR 3015-1 with the boxes checked indicating a pre-confirmation modification. If necessary to comply with the response and notice requirements, CM/ECF filers (see SC LBR 5005-4(b must also file and serve the local form Notice of Confirmation Hearing. b. After confirmation. The debtor must complete and file the local form plan required by SC LBR 3015-1 with the boxes checked indicating a post-confirmation modification. CM/ECF filers (see SC LBR 5005(4 , but not pro se individuals, must also file and serve the local form Motion to Modify Plan After Confirmation and Opportunity for Hearing.

Service may be made only on parties who may be, or are, adversely affected by the modification. c. Exceptions for certain plan payment increases. Plan payments may be increased for the purpose of providing adequate funding of a proposed plan or a confirmed plan upon the filing of a stipulation of the debtor and trustee without otherwise modifying such proposed or confirmed plan. Plan payments may also be increased upon the Trustee’s Notice of Plan Payment Change in a Conduit Plan. Such change in plan payment may decrease the dividend to general unsecured creditors unless the debtor is required to pay a specific dividend to general unsecured creditors under 11 U.S.C. § 1325(a) or (b), in which instance a modified plan must be proposed.

Notes: (2025) The rule was revised to clarify the noticing requirements for CM/ECF filers and pro se filers. - 23 - LOCAL RULE 3015-4: CHAPTER 13- PROVIDING DOCUMENTS a. Documents Subject to Request. In addition to any information required by the Bankruptcy Code or applicable rules, the debtor shall timely provide the following to the chapter 13 trustee upon request. 1. The most recent real estate tax appraisals covering all parcels of debtor’s real property.

2. Post-petition domestic support certificate signed and dated through the month of the confirmation hearing. 3. The amount of the most recent year's income tax refund received by debtor, for both state and federal returns.

4. Proof that all required income tax returns have been filed. 5. Final, signed copies of the most recent year's federal and state income tax returns (including all attached schedules).

6. Amended Schedules if identified as necessary by the trustee. 7. Amended Statement of Financial Affairs if identified as necessary by the trustee.

8. Amended Petition or Your Statement About Your Social Security Numbers correcting the debtor's 9. name and/or social security number if identified as necessary by the trustee. In any case involving a self-employed debtor, a completed self-employment questionnaire, business budget, and final, signed copies of the business's most recent year's federal and state income tax returns (including all attached schedules). 10.

Proof of charitable contributions made by the debtor. 11. An itemization of unreimbursed medical expenses. 12.

An itemization of a non-filing spouse's monthly expenses, including the balance owed on each debt. 13. Copies of the debtor's pay stubs and W-2 forms. 14.

Statement in Support of Non-Conduit Plan pursuant to SC LBR 3015-1(b). 15. Any other item not specified above which is reasonably related to the administration of the case and which the trustee requested either orally at the 11 U.S.C. § 341 meeting or in writing prior to the confirmation hearing. b. Requirement to Provide. If the chapter 13 trustee has requested any of the information/documents listed above at the 11 U.S.C. § 341 meeting, or at any time thereafter in writing, it must be provided to the trustee at least seven (7) days prior to the original confirmation hearing. c. Burden on Debtor.

It is the responsibility of the debtor to ensure that the required documents are provided to the trustee (and filed, as necessary). Notes: (2023) The rule was restyled and former paragraph (a) was superfluous and removed as duplicative of or in conflict with the Bankruptcy Code, Federal Rules of Bankruptcy Procedures, and/or provisions in standard orders or notices - 24 - LOCAL RULE 3015-5: CHAPTER 13- DISCHARGE In addition to the requirements of SC LBR 9013-4, the provisions and forms set forth herein apply upon the completion of chapter 13 plan payments:. a. Discharge Pursuant to 11 U.S.C. § 1328(a). 1. Within 45 days after the debtor completes all payments due to the trustee under a chapter 13 plan, the trustee shall: i. ii.

File the Report of Completion of All Payments Due to the Trustee Under Chapter 13 Plan; File and serve on the debtor and debtor’s attorney the Notice to Debtor of Completion of All Payments Due to the Trustee Under Chapter 13 Plan and Requirement to File Certification of Plan Completion; and iii. If applicable, file and serve on the creditor, debtor, and debtor’s attorney the Trustee’s Notice of Disbursements Made pursuant to Fed. R. Bankr. P. 3002.1(g)(1). 2. Within twenty-eight (28) days after the trustee serves the Notice to Debtor of Completion of All Payments Due to the Trustee Under Chapter 13 Plan and Requirement to File Certification of Plan Completion, the debtor shall: i. ii.

File and serve on all creditors a Notice of Certification of Plan Completion; and File a Certificate of Completion of Financial Management Course, if not previously filed. 3. After resolution of any issues raised by subsections (a)(1) and (a)(2) above and any issues raised in a motion filed under Fed. R. Bankr. P. 3002.1(g)(4), the Court will issue a discharge or close the case without a discharge, as warranted. b. Discharge Pursuant to 11 U.S.C. § 1328(b). The debtor may request a hardship discharge pursuant to 11 U.S.C. § 1328(b) as follows: 1.

File and serve on all creditors a motion and Notice of Hearing and Certification of Eligibility; and 2. File a certificate of completion of a Financial Management Course or motion for waiver or exemption of this requirement, if applicable. Notes: (2021) Paragraphs (a)(3) and (b)(3) were removed. The duty to file a certificate of service is covered by SC LBR