(2025) The rule was revised to clarify the requirements for requesting a discharge under 11 U.S.C. § 1328(a) and a

hardship discharge under 11 U.S.C. § 1328(b). - 25 - LOCAL RULE 3015-6: PERIODIC INTEREST RATE IN CHAPTER 13 PLANS a. Presumption of Reasonableness. In order to expedite the determination of an effective interest rate to be used by debtors in meeting the requirement of 11 U.S.C. § 1325, a presumed effective interest rate (Periodic Interest Rate) will be set by the Court with the assistance of a committee of trustees and members of the consumer bar. If applied to a secured claim in a chapter 13 plan, there will be a rebuttable presumption that the Periodic Interest Rate, for plan confirmation purposes, is reasonable. b. Presumption that Plan Pays Present Value. A debtor who, in a chapter 13 plan, proposes to pay the Periodic Interest Rate on a secured claim (including, but not limited to, an arrearage on a real estate mortgage loan, an automobile loan, a mobile home loan, or a personal property loan) is presumed to be paying the present value of that claim as required by 11 U.S.C. § 1325(a)(5)(B)(ii).

Notes: (2023) Paragraph (c) was removed. - 26 - LOCAL RULE 3015-7: DOMESTIC SUPPORT OBLIGATION CERTIFICATION IN CHAPTER 13 CASES As a condition of confirmation and at any time thereafter upon request of the trustee, a form in substantial conformance with the Court’s local form shall be completed and submitted by the debtor to the chapter 13 trustee (but not filed with the court) and served upon the domestic support obligation recipient and any public/governmental agency which is charged with collecting the domestic support obligation, together with the certificate of service provided to the chapter 13 trustee. - 27 - LOCAL RULE 3015-8: CHAPTER 13 POST CONFIRMATION TRANSACTIONS In addition to any other authority granted to the debtor(s), and notwithstanding any plan provision or order confirming a plan, the debtor(s) may, without court or trustee approval: 1. 2. 3. 4. acquire assets; obtain credit; use cash collateral or insurance proceeds derived from a casualty to property of the debtor or the estate, paying any lienholder to the extent of any lien; and settle or compromise matters not pending before the bankruptcy court in which the debtor(s) is a litigant or beneficiary.

If not otherwise reportable under any other Bankruptcy Code section or Rule, the debtor(s) shall file a report within 10 days of any of the above events, in substantial conformance with the local form, when the event(s) alters by a net value of $25,000 or greater either the net value of the total property or the total debt of the debtor(s) or the estate, or when the event(s) impacts a claim paid by the trustee under a confirmed plan. Notes: (2021) The rule was substantially revised. - 28 - LOCAL RULE 3016-1: CHAPTER 11 PLAN AND DISCLOSURE STATEMENT a. Deadline. Except in a statutorily defined small business case, a case under subchapter V of Chapter 11, or unless otherwise ordered by the Court, a disclosure statement and plan of reorganization shall be filed by the debtor or trustee not later than one hundred eighty (180) days after the entry of the order for relief. The debtor, trustee, or other plan proponent shall prosecute its disclosure statement and plan in a timely manner. b. Modifications.

At the hearing on the disclosure statement or plan, the Court may consider for approval written modifications made prior to the hearing. Except in a statutorily defined small business case or a case under subchapter V of Chapter 11 where the appropriate Official Form plan is filed, to the extent a modification to the disclosure statement or plan is filed with the Court modifying the previously filed document, the proposing party shall file on the docket both a clean and “redlined” version of the modified document providing a comparison of the document reflecting any changes (i.e., added language can be in bold, while deleted language can be reflected as being struck through). To the extent service of the modified document is required by the applicable law, the redlined version should only be filed on the docket but not served. c. Denial of Confirmation. If any plan of reorganization or disclosure statement filed by the debtor, trustee, or other plan proponent is not confirmed or approved by the Court, the case may be dismissed or converted without further notice or hearing if the plan proponent fails to file a new disclosure statement and plan, as applicable, within 14 days (or such other period as is ordered) after the hearing that resulted in denial of confirmation or not approving the disclosure statement.

Notes: (2022) Paragraph (a) clarifies that this rule does not apply to cases under subchapter V of Chapter 11. Portions of Chambers Guidelines were moved to paragraph (b). (2023) Paragraph (c) was amended to incorporate provisions of former SC LBR 1017-2(b) providing for dismissal or conversion. - 29 - LOCAL RULE 3070-1: CHAPTER 13 - PAYMENTS a. Following confirmation of a plan, all funds in possession of the chapter 13 trustee shall be disbursed pursuant to the terms of the confirmed plan. Unless the Court orders otherwise, creditors shall receive adequate protection as required by 11 U.S.C. § 1326(a) from the plan and the provisions set forth below. b. Upon the dismissal of a case, the chapter 13 trustee shall, after first paying the balance of any sanctions as directed by the Court, dispose of funds in the following manner, unless otherwise ordered by the Court: 1.

If there is a confirmed plan in the case, the chapter 13 trustee shall pay any funds received prior to or on the date of the dismissal of the case to creditors according to the terms of the plan. All funds received thereafter shall be paid to the debtor. 2. If there is neither a confirmed plan nor an order directing otherwise, funds received prior to or on the date of the entry of an order of dismissal shall be disbursed as follows: A. First, in a Conduit Plan, the applicable mortgage creditor(s) shall be paid a Mortgage Payment for each full monthly payment received from the debtor as a Gap Payment and/or Conduit Mortgage Payment.

No payment shall be made for partial payments received from the debtor, and no payment shall be made unless a Compliant Proof of Claim or proof of claim filed pursuant to 11 U.S.C. § 501(c) has been filed on behalf of the mortgage creditor(s); B. Second, the trustee shall disburse to the debtor's attorney the lesser of the remaining amount due to debtor’s attorney, or the remaining balance of funds received by the chapter 13 trustee prior to dismissal; C. Third, as adequate protection required by 11 U.S.C. § 1326(a), the trustee shall disburse payments to holders of allowed claims secured by personal property and allowed claims for executory contracts that are proposed to be paid through the most recently filed plan. Subject to the availability of funds, these creditors will be paid a full payment for each full month beginning thirty (30) days after the order for relief and continuing through the date of dismissal. No payment will be made for partial months; and D. Any funds remaining after these payments, and all funds received after dismissal, shall be returned to the debtor unless there is a pending Motion to Reconsider Dismissal. 3.

Notwithstanding any other provision of this Rule, after dismissal of a case with a Conduit Plan, if a mortgage creditor returns to the chapter 13 trustee any funds disbursed to it by the trustee under the terms of the Conduit Plan, the chapter 13 trustee shall return those funds to the debtor. c. Unless ordered by the court or the debtor consents otherwise, upon the conversion of a case, the chapter 13 trustee shall return all funds on hand, and all funds received after conversion, to the debtor. Notes: (2021) Paragraph (b)(3) was added. (2023) Paragraphs (b)(1) and (2) were revised to account for funds received on the date of dismissal. - 30 - LOCAL RULE 4001-4: MOTIONS AND AGREEMENTS RELATING TO RELIEF FROM THE AUTOMATIC STAY, PROHIBITING OR CONDITIONING THE USE, SALE OR LEASE OF PROPERTY, PROVIDING ADEQUATE PROTECTION, USE OF CASH COLLATERAL, AND OBTAINING CREDIT a. Form of Motion. A motion for the approval of an agreement pursuant to Fed. R. Bankr. P. 4001(d) shall be in substantial conformance with the Court's local form. b. Procedure Upon Default.

In the event a party seeks relief upon default under an order, settlement, or agreement covered by Fed. R. Bankr. P. 4001(d), the attorney for that party shall file with the Court a certification of noncompliance, affidavit or declaration consistent with 28 U.S.C. § 1746 attesting to default which specifies the grounds and a proposed order granting the relief sought. The requested relief, including any modification of the stay, is effective only upon entry of the order by the Court. c. Contents of Motions and Proposed Consent Orders for Use of Cash Collateral or to Obtain Credit. The following provisions enumerated below, to the extent applicable, are added to the enumerated lists of material provisions set forth in Fed. R. Bankr. P. 4001(b)(1)(B), (c)(1)(B), and (d)(1)(B) for all motions, proposed consent orders, or applications seeking approval for the use of cash collateral or to obtain credit. These provisions must be prominently highlighted and easily identified in the motion, proposed consent order or application, and counsel shall call the Court’s attention to such provisions on the record at any hearing where such an order or stipulation is presented: 1. the amount of cash collateral the party seeks permission to use or the amount of credit the party seeks to obtain, including any committed amount or the existence of a borrowing base formula and the estimated availability under such formula; 2. material conditions to closing and borrowing, including budget provisions; 3. pricing and economic terms, including letter of credit fees, commitment fees, any other fees, and the treatment of costs and expenses of the lender(s), any agent for the lender(s), and their respective professionals; 4. any findings of fact on matters extraneous to the approval process and/or any provisions or findings of fact that bind (a) the estate or parties in interest with respect to the validity, perfection, or amount of the secured party's lien or debt; or (b) the estate or parties in interest with respect to the relative priorities of the secured party's lien and liens held by persons who are not parties to the stipulation; 5. any carve-outs from liens or superpriority provisions, including the material terms of any professional fee carve-out; 6. any cross-collateralization provision or other provision that elevates prepetition debt to administrative expense (or higher) status or that secures prepetition debt with liens on postpetition assets (which liens the creditor would not otherwise have by virtue of the prepetition security agreement or applicable law); 7. any rollup provision that applies the proceeds of postpetition financing to pay, in whole or in part, prepetition debt or which otherwise has the effect of converting prepetition debt to postpetition debt; 8. any provision that establishes sale or plan milestones; 9. any provision that would limit the Court's power or discretion to enter future orders in the case, or would interfere with the exercise of the fiduciary duties, or restrict the rights and powers, of the trustee, debtor in possession, or a committee appointed under sections 1102 or 1114 of the Bankruptcy Code, or any other fiduciary of the estate, in connection with the operation, administration, financing, use or sale of the business or property of the estate, or formation of a plan; - 31 - 10. any limitation on the lender's obligation to fund certain activities of the trustee, the debtor in possession or a committee appointed under sections 1102 or 1114 of the Bankruptcy Code; 11. termination or default provisions that entitle relief from the automatic stay or withdrawal of consent to use of cash collateral upon default without further order of the Court or without notice to the debtor in possession, any committee appointed in the case, or the United States Trustee of at least five (5) business days; 12. any change-of-control provisions; 13. any prepayment penalty or other provision that affects the debtor's right or ability to repay the financing in full during the course of the chapter 11 reorganization case; 14. in jointly administered cases, terms that govern the joint liability of the debtors including any provisions that would govern the nature and/or priority, if any, of any interdebtor claims that would result if a debtor were to repay debt incurred by or for the benefit of another debtor; 15. any provision for the funding of non-debtor affiliates with cash collateral or proceeds of the loan, as applicable, and the approximate amount of such funding; 16. any provisions that require the debtor to pay an agent’s or lender’s expenses and attorney’s fees in connection with the proposed financing or use of cash collateral, without any notice or review by the Office of the United States trustee, the committee appointed under section 1102 of the Bankruptcy Code (if formed) or, upon objection by either of the foregoing parties, the Court; 17. defined terms must either be defined in the motion or the motion shall include a specific reference to where the terms are defined in the applicable loan agreements; 18. any provision for the reaffirmation of the prepetition loan agreement or the covenants of such agreement.

19. any provision that prohibits the use of estate funds to investigate the liens and claims of the prepetition lender; 20. waivers of 11 U.S.C. § 506(c); 21. releases of liability for the creditor's alleged pre-petition torts or breaches of contract; 22. waivers, assignments, transfers, or encumbrances of causes of action pursuant to sections 544, 545, 547, and/or 548 of the Bankruptcy Code, or any other claims for relief arising under the Bankruptcy Code, or, in each case, the proceeds thereof; and 23. waivers of the procedural requirements for foreclosure mandated under applicable non-bankruptcy law. Notes: (2023) The rule was restyled and paragraph (c) was substantially amended 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. - 32 - LOCAL RULE 4001-5: RENTAL DEPOSITS Pursuant to 11 U.S.C. § 362(l), if the debtor is depositing rent with the Court, the debtor must remit to the Clerk of Court simultaneously with the filing of the petition: a. A cashier's check, certified check, or money order, made payable to the lessor indicated on the debtor's Initial Statement About an Eviction Judgment, in the amount of such rent;1 and b. A copy of the applicable judgment for possession. 1 The Clerk of Court will promptly transmit the rent by first class mail, return receipt requested to the lessor at the address indicated on the petition. - 33 - LOCAL RULE 4003-2: LIEN AVOIDANCE a. Chapter 7 and 11 Cases. In a chapter 7 or 11 case, a debtor seeking to avoid a lien pursuant to 11 U.S.C. § 522(f) shall use the passive notice procedure prescribed by SC LBR 9013-4 and must file with the Court simultaneously: 1.

A hearing notice (see the Court’s local form notice); 2. The lien avoidance motion (see the Court’s local form motions);1 and 3. A proposed order (see the Court’s local form orders).2 b. Filing of Motions Following Closure of Case. Unless otherwise ordered, following discharge and the closure of a case, a lien may be avoided pursuant to 11 U.S.C. § 522(f) and amended schedules may be filed in relation thereto without reopening the case pursuant to 11 U.S.C. § 350.

1 See Motion to Avoid Judicial Lien, Motion to Avoid Judicial Lien (Co-owned Property), and Motion to Avoid Security Interest. 2 See Order Avoiding Judicial Lien, Order Avoiding Judicial Lien (Co-owned Property), and Order Avoiding Nonpurchase-Money, Nonpossessory Security Interest. - 34 - LOCAL RULE 4004-2: SUBCHAPTER V DISCHARGE - NON-CONSENSUAL PLANS a. Discharge Following the Completion of Plan Payments. As soon as practicable following the completion by the debtor or trustee of all payments under a plan confirmed under 11 U.S.C. § 1191(b), the debtor shall file a Certification of Plan Completion and Request for Discharge in substantial conformance with the Court’s local form, and a hearing notice in conformance with the Court’s local form prescribed by Local Rule 9013- 4. b. Objections. Any party objecting to the granting of a discharge pursuant to paragraph (a) shall, within twenty- one (21) days after service of the Certification of Plan Completion and Request for Discharge, serve an objection upon the debtor, debtor’s counsel, and the trustee and file the objection with the Court.

Notes: (2020) This rule is new. - 35 - LOCAL RULE 5005-4: ELECTRONIC FILING a. Record of the Court. All pending, reopened, and newly filed cases and proceedings in the Court shall be assigned to the Case Management/Electronic Case Filing system (CM/ECF). The docket of the cases and proceedings shall be available electronically. The electronic record is the official record of this Court.

The Court's electronic records are available for public access (view only) at pacer.uscourts.gov. Except as provided, all documents, including proofs of claim, shall be electronically submitted by utilizing the CM/ECF system or the Court's electronic claims interface.1 b. CM/ECF Participants. Attorneys and certain parties may become registered CM/ECF Participants. Information about registration is available on the Courts website.

CM/ECF Participants must update all information submitted with the registration through www.pacer.gov in a timely fashion, including primary and alternate email addresses. Electronic notices returned to the Court may not be re-transmitted and may result in the discontinued use of the associated email address. CM/ECF generated email is sent by [email protected]. Participants should not reply to CM/ECF email from this address.

Participants must ensure the domain name “@scb.uscourts.gov” is added to their email address book to avoid problems with the receipt of email from the Court. A participant’s account shall be used only by the participant or an authorized agent under the direction and supervision of the participant. Participants filings documents are responsible for ensuring documents are correctly filed under the applicable CM/ECF event, bear the correct case and/or proceeding numbers, and are readable and accessible. When filing a document, participants shall ensure the document is appropriately titled, linked, and docketed to properly identify the content of the document and that the event and document are docketed in the correct case for proper notice (and service, when applicable) to be provided.

Failure to do so may require the re-filing of the document and the cancellation of any hearing associated therewith, denial of any requested relief, or the document may be stricken from the record. Any participant who fails to correctly file a document, files a document using an incorrect case and/or proceeding number, files an unreadable or inaccessible document image, or files a document in an incorrect case or proceeding shall have an affirmative duty to immediately file appropriate motions for the Court to consider and remedy issues resulting therefrom. A participant’s privileges, login, and password may be terminated, disabled, or revoked following notification of disbarment or suspension of a participant who is an attorney or any order of this Court so directing. A participant may deactivate a CM/ECF account through www.pacer.gov.

Prior to deactivating an account, the participant shall determine that the requirements of any rule governing the participant’s duty to represent the client have been satisfied. c. Registered CM/ECF Participants and Represented Parties. 1. CM/ECF Unavailable.

A. Normal Hours.

If CM/ECF cannot be accessed during regular business hours of the Clerk's Office, the filer shall contact the CM/ECF Help Desk at the Clerk's Office to confirm that CM/ECF is not accessible and make suitable arrangements with the Clerk of Court for the filing to occur.

B. After Hours.

If CM/ECF cannot be accessed after regular business hours of the Clerk's Office, and only if the filing is time-sensitive and will be made untimely as the result of a technological failure of CM/ECF, the filer shall electronically file the document by uploading to the Court’s Electronic Documents Submission System (“EDSS”). 1 Information about claim filing and the interface to file a claim or related document is available at http://www.scb.uscourts.gov/electronic-filing-claims. - 36 - 2. CM/ECF Available. If the filer is unable to file electronically through CM/ECF a time-sensitive document notwithstanding the general availability of CM/ECF, 2 filing may be made by delivering the paper document to the Clerk of Court in Columbia during normal business hours or by uploading the document to EDSS.

3. Certification of Inability to File Electronically. Any document submitted under paragraphs (c)(1) or (2) shall be accompanied by a certification setting forth in detail the reasons for the filer's failure to submit the documents though CM/ECF, the time-sensitive nature of the filing, and a request to receive the documents in the manner submitted. 4.

Determination of Filing. The Clerk's Office shall immediately submit the documents received pursuant to paragraphs (c)(1)-(3) to the judge assigned to the case for consideration, with or without hearing, and to determine whether to allow the filing or an extension to file. The Court may strike the pleading, deny relief, and require electronic filing if the submission is found to be an abuse of the Court's exceptions to electronic filing through CM/ECF or the electronic claims interface. d. Pro Se Individuals. Individuals without legal representation (pro se individuals) may effect filings according to the following procedures.

This rule applies only to individuals representing themselves, and does not include corporations, partnerships, LLCs or other similar business entities. 3 1. Paper Filings. Documents for filing with the Court may be delivered to the Clerk of Court at 1100 Laurel Street, Columbia, South Carolina 29201.

Documents are not accepted at the Court’s Charleston or Greenville locations. If the submission is a petition for bankruptcy relief and accompanying documents, it must be submitted with a copy of a government-issued photo identifications of the debtor(s) and any individual filing on their behalf that include name and address. Unless otherwise provided herein, documents received will be processed after receipt during normal business hours on Court business days. If the Court is unable to open to the public or operate during normal business hours, pro se individuals may utilize a “drop box” when available, at the Columbia location of the Clerk’s Office.

Access hours are 8:30 a.m. to 4:30 p.m. on business days. With each submission, the pro se individual shall note the current time and date on the envelope, document, or payment and call (803)765-5436 to alert the Clerk’s Office that the document or payment was placed in the drop box. The Clerk’s Office shall check for any items in the drop box at least once per business day. If a pro se individual asserts an item placed in the drop box is urgent, a prompt call to the Clerk’s Office will facilitate retrieval or other guidance.

Each submission shall be deemed filed or received at the time noted (if available), unless otherwise ordered by judicial determination. If no notation is available, the submission shall be deemed filed or received upon retrieval. 2. Electronic Bankruptcy Petitions.

Pro se individuals may submit a petition for bankruptcy relief electronically by utilizing the Electronic Self-Representation System (“eSR”).4 A. To complete the submission of a petition through eSR, the pro se individual shall, within three (3) days of submittal, deliver to the Clerk of Court in Columbia by uploading to the Electronic Document Submission System (“EDSS”), hand delivery, U.S. mail, or overnight carrier a: i. completed and signed copy of the pro se individual’s Declaration Regarding Electronic Filing; 2 If the inability to electronically file is expected to persist, due to natural disaster or other reasons beyond the control of the filer, the request for an alternative means of filing may govern multiple cases if requested and approved by the applicable judge of the United States Bankruptcy Court. 3 See SC LBR 9011-2. For filings not covered by this Rule, see 9011-4. 4 Documents submitted through eSR are limited to the voluntary petition, schedules, and statements (Official Forms B101, B106A/B - 106J, B107, B108, B122A-1, B122A-1Supp, B122A-2.

B122C-1, and B122C-2). - 37 - ii. iii. completed and signed Statement About Your Social Security Numbers (Official Form B121); and copy of a government-issued photo identification of the pro se individual that includes name and address 5 B. Each petition electronically submitted through eSR shall be deemed filed at the time of receipt by the Clerk’s Office of all documents required under paragraphs (d)(2)(A)(i) - (iii), unless otherwise ordered by judicial determination. C. The Court reserves the right to refuse or return any electronic filing that does not comply with applicable procedures. 3. Other Electronic Filings.

Pro se individuals may electronically file papers described in Fed. R. Bankr. P. 5005(a)(1), other than petitions for bankruptcy relief, by uploading PDF files to the EDSS.6 A. Each electronic filing shall be signed with the original handwritten signature of the filer.7 B. Documents uploaded to the EDSS will be processed by the Court within three (3) business days of submission during normal business hours. Each electronic filing shall be deemed filed or received at the time of upload by the filer to the EDSS, unless otherwise ordered by judicial determination. C. Unless a different response deadline has been set by notice, applicable rules, or Court order, documents concerning scheduled hearings must be uploaded to the EDSS no later than 10:00 a.m. three (3) business days in advance of the scheduled hearing. Failure to do so may result in denial of any relief requested in such document.

D. All parties appearing before the Court must comply with applicable rules of service. Filing a document by uploading to the EDSS does not constitute service of that document. E. The Court reserves the right to refuse or return any electronic filing that does not comply with applicable procedures. 4.

Effect of Non-Compliance. Should a pro se individual fail to comply with applicable rules or procedures, appropriate action may be taken, including, but not limited to, restricting or revoking electronic filing privileges, denying the relief requested and dismissing and closing any case initiated. 5. Inability to File Electronically.

If the pro se individual is unable to file electronically by uploading documents to the EDSS, filing may be made by delivering the paper documents to the Clerk of Court in Columbia pursuant to SC LBR 5005-4(d)(1). 5 Filing is not effective until the Court receives all of these documents. Pro se individuals shall not electronically sign the Declaration Regarding Electronic Filing or Statement About Your Social Security Numbers (Official Form B121). See SC LBR 9011-4.

6 Petitions for bankruptcy relief (Official Form B101) must be submitted through eSR pursuant to paragraph (d)(2). Petitions uploaded to the EDSS will not be accepted for filing to open bankruptcy case. 7 Pro se individuals shall not electronically sign documents. See SC LBR 9011-4. - 38 - Notes: (2022) Paragraph (b) was amended to incorporate provisions of former Operating Order 21-02 and paragraph (d) was added to incorporate provisions of former Operating Order 22-02.

(2023) Paragraph (c) was amended to update procedures for CM/ECF participants to electronically file time- sensitive documents when CM/ECF is unavailable to the filer. Paragraph (d) was amended to adopt new mechanisms for electronic filing by pro se filers to replace the former pro se email address maintained by the Clerk’s Office. (2024) Paragraph (d)(4) was amended to add restriction of electronic filing privileges as a possible consequence for non-compliance. (2025) Paragraph (d)(3) was amended to provide a processing time for documents submitted electronically by pro se parties and a deadline to submit documents concerning a scheduled hearing.

Paragraph (d)(5) was added to clarify the ability of a pro se individual to deliver paper documents when the induvial is unable to file electronically. - 39 - LOCAL RULE 5011-1: WITHDRAWAL OF REFERENCE a. Form of Request; Place of Filing. A request for withdrawal, in whole or in part, of the reference of a case or proceeding referred to the Bankruptcy Court, other than a sua sponte request by a bankruptcy judge, shall be by motion filed with this Court. b. Designation of Record. The moving party shall serve on the debtor, attorney for the debtor, any trustee appointed in the case, and any other interested party and file with this Court, together with the motion to withdraw the reference, a designation of those portions of the record of the case or proceeding that the moving party believes will be reasonably necessary or pertinent to the United States District Court's consideration of the motion. Within fourteen (14) days after service of the designation of record, any other party may serve and file a designation of additional portions of the record.

If the record designated by any party includes a transcript of any hearing or trial, or a part thereof, that party shall immediately after filing the designation request the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any action necessary to enable the Clerk's Office to assemble and transmit the record to the United States District Court. c. Responses to Motions to Withdraw the Reference; Reply. Opposing parties must file with the Court and serve on all parties set forth in subsection (b), their written responses to the motion to withdraw the reference within fourteen (14) days after being served with a copy of the motion. d. Transmittal to and Proceedings in the United States District Court. When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the Clerk's Office shall promptly transmit to the United States District Court the motion, any filed objections or responses, and the portions of the record designated.

Following transmittal, documents pertaining to the matter under review by the United States District Court shall be filed with the United States District Court, but all documents relating to other matters in the bankruptcy case, adversary proceeding, or contested matter shall continue to be filed with this Court. e. Service. Service of a motion for a stay pursuant to Fed. R. Bankr. P. 5011(d) shall be served upon the same parties as set forth in subsection (b). The motion shall be accompanied by a notice that the responding party has fourteen (14) days from the date of service of the motion in which to object or respond to the motion. Notes: (2023) Portions of paragraphs (a) and (e) were superfluous and removed as duplicative of or in conflict Fed. R. Bankr. P. 5011.

(2024) Paragraph (e) was amended to reference the correct subsection of Fed. R. Bankr. P. 5011 following amendments to that rule. - 40 - LOCAL RULE 5073-1: PHOTOGRAPHY, RECORDING DEVICES, AND BROADCASTING a. Prohibition Against Camera, Video, Transmitter, Receiver, and Recording Equipment. Absent a Court order directing otherwise, no camera, video, transmitter, receiver, or recording equipment may be brought into the United States Bankruptcy Court for the District of South Carolina at any of its locations or utilized while listening to or appearing for matters remotely. b. Exemptions from Prohibition. 1. Use of such equipment by an authorized representative of the Court for an official purpose; 2.

Use of the Court's videoconferencing system by an authorized representative of the Court to permit the judge to conduct proceedings from or to a remote location; 3. Use of such equipment during ceremonial proceedings with the express permission of the Court and under the supervision of the Court; 4. A device required because of a person's disability; and 5. As otherwise permitted by a judge of the Court. c. Wireless Communication Devices.

Wireless Communication Devices (such as laptop computers, cell phones, PDAs, tablet computers, and other wireless devices) are allowed in the courthouse locations, excluding Greenville,1 under the following terms and conditions: 1. Wireless Communication Devices may be brought into the courthouse locations by an attorney (or support staff accompanying the attorney). Litigants, witnesses, pro se parties, members of the media, and the public may bring wireless communication devices into the courthouse only in connection with a hearing or trial and only with the prior authorization of the presiding judge. All Wireless Communication Devices are subject to security screening.

2. All Wireless Communication Devices must be programmed or rendered to be inaudible upon entering a courtroom or areas adjacent to a courtroom or judicial chambers. 3. Any party bringing a Wireless Communication Device into the United States Bankruptcy Court shall use the device only for purposes of evidence presentation, research, electronic mailing, note taking, communication, and scheduling in connection with a matter pending before the Court and other legitimate business purposes.

Under no circumstances may a device be used to conduct broadcasting,2 televising, recording, or photographing in any courthouse location. 4. Use is permitted only to the extent that it does not interfere with judicial proceedings or with the ability of the public to observe proceedings. A presiding judge may order the discontinuance of the use of such Wireless Communication Devices at any time.

Notes: (2022) Changed the Court’s location from Spartanburg to Greenville. 1 The policy of the United States District Court for the District of South Carolina governs wireless communication devices for the Greenville Division. 2 Broadcasting is construed in the broadest sense and includes commentary about court proceedings on the internet or to a third party. - 41 - (2023) Paragraph (a) was amended to include remote appearances. - 42 - LOCAL RULE 5075-1: DELEGATION OF NOTICING AND SERVICE OF ORDERS In addition to notice delegated by SC LBR 6004-1 and 9013-4, and any other Local Rule or authority, and pursuant to Fed. R. Bankr. P. 2002 and 3019, noticing and service of notices1 and orders are delegated as follows. Parties to be served are included in italics. a. Chapter 11.

Service and noticing of the following documents are delegated to the plan proponent: 1. Order and notice setting disclosure statement hearing (Mailing Matrix); 2. Order approving disclosure statement and setting confirmation hearing (Mailing Matrix); 3. Notice of time fixed for filing objections and, if an objection is filed, the hearing to consider a proposed modification to plan pursuant to 11 U.S.C. § 1127(e) (Mailing Matrix). b. Chapter 12.

Service and noticing of the following documents are delegated to the debtor: 1. Service of any chapter 12 plan or amended or modified plan, any embedded motions, exhibits, and notice of time for filing objections, as further specified in SC LBR 2082-1 (Mailing Matrix); 2. Notice of the pre-confirmation conference pursuant to SC LBR 2082-1(e) (Mailing Matrix); 3. Notice of confirmation hearing (Mailing Matrix); 4.

Order declaring secured claim satisfied/lien avoided pursuant to Fed. R. Bankr. P. 5009(d) (Affected Party, Trustee, UST). c. Chapter 13. Service and noticing of the following documents are delegated to the debtor: 1. Order on a consensual motion to modify a mortgage (Mortgage Creditor, Trustee); 2. Order declaring secured claim satisfied/lien avoided pursuant to Fed. R. Bankr. P. 5009(d) (Affected Party, Trustee). d. All Chapters.

Service and noticing of the following documents are delegated as specified below: 1. Order on motion confirming the termination of the automatic stay to the movant (Debtor, Debtor’s Counsel, Trustee); 2. Notice of a hearing on an Application for Payment of Unclaimed Funds, if an objection is filed pursuant to SC LBR 3011-1(f), to the applicant (Debtor, Trustee, Objecting Parties, UST); 3. Notice required pursuant to Fed. R. Bankr. P. 3004 to the party filing the proof of claim (Holder of the Claim, Debtor, Debtor’s Counsel, Trustee); 4.

Notice of a hearing on a Request for Tax Information, if an objection is filed pursuant to SC LBR 6070-1, to the applicant (Debtor, Trustee, Objecting Parties, UST); 5. Notice of hearing and order on a motion for expedited, emergency, or temporary relief or to shorten the time period to object to the movant (As Ordered by the Court); 1 Where a notice requires scheduling or a deadline, the noticing party shall contact a Courtroom Deputy for the applicable date if the matter is outside of the scope of SC LBR 9013-4. - 43 - 6. Order on application for employment to the applicant (Debtor, Debtor’s Counsel, Trustee); 7. Order on motion or application for Fed. R. Bankr. P. 2004 examination to the movant or applicant (Party to be Examined, Debtor, Debtor’s Counsel, Trustee, UST); and 8.

Any other order or notice the Court or the Clerk's Office specifically delegates. Notes: (2020) The rule was substantially revised. Many matters were moved from this rule and added to the exhibits of SC LBR 9013-4. The court will notice orders confirming a plan unless otherwise delegated.

(2023) Paragraph (a) was amended to remove ballots to the plan proponent and notices required under former SC