(2025) Wording in the rule was changed to clarify the party to whom service is delegated, but no substantive

U.S. Bankruptcy Court for the District of South Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of South Carolina

Rule: 2081-2

Jurisdiction: DSCB

Bluebook Citation: Bankr. D.S.C. R. 2081-2

changes were made to the rule. - 44 - LOCAL RULE 5080-1: FEES a. Form of Payment. 1. CM/ECF Participants. 1 All parties electronically filing documents shall use the Internet Credit Card Module of CM/ECF for the payment of fees.

2. Non-CM/ECF Participants. All other parties shall pay fees online using the Pay.gov forms payment portal or, in the alternative, by certified check or money order for the exact amount due and made payable to “Clerk, United States Bankruptcy Court” and delivered to 1100 Laurel Street, Columbia, South Carolina, 29201. The Clerk of Court shall not accept personal checks from current or prospective debtors.

Remittances made payable to a named individual will not be accepted. If a submission pursuant to SC LBR 5005-4(d) requires payment of a filing fee, and the fee is not delivered therewith, the fee shall be remitted to the Clerk of Court within seven (7) days. b. Timing of Payments. Unless the Court orders otherwise or the filing party moves to waive the fee, all fees required by 28 U.S.C. § 1930 or other applicable rule or law shall be paid on the same day as the documents are filed. Failure to pay may result in the striking of the pleading or other adverse action. c. Fees Owed from Previous Case.

The Court may deny an application to pay the filing fee in installments pursuant to Fed. R. Bank. P. 1006(b) if the debtor has failed to pay a filing fee in a previous case and allow the debtor up to 10 days from entry of the order to pay the entire filing fee for the current case. Notes: (2022) Paragraph (a)(2) incorporates provisions found in former Operating Order 22-02. (2024) Paragraph (a)(2) was amended to add online payment option for non-CM/ECF participants.

Paragraph (c) was added to address possible consequences of failing to pay a filing fee in a prior case on applications to pay the fee in installments in a subsequent case. (2025) Paragraph (a)(2) was amended to remove cash payments. 1 SC LBR 5005-4 generally mandates electronic filing for all documents except documents filed by those without legal representation. Other exceptions and requirements are also noted in SC LBR 5005-4. - 45 - LOCAL RULE 6004-1: SALE OF PROPERTY In addition to the requirements of SC LBR 9013-4, the provisions and forms set forth herein apply to the sale of property. a. Sale of Property.

Applications under Fed. R. Bankr. P. 6004 to sell, use, or lease property pursuant to 11 U.S.C. § 363(b)1 or to sell property free and clear of liens pursuant to 11 U.S.C. § 363(f)2 shall be in substantial conformance with the Court's local forms. b. Order Approving Sale. A proposed order approving a sale, in substantial conformance with the Court’s local forms,3 must specify the terms of the sale and not merely incorporate by reference the terms of the notice of sale. c. Report of Sale. A report of sale, in substantial conformance with the Court's local form, must be filed by the moving party within fourteen (14) days after the closing of any sale of estate property. Notes: (2022) Paragraph (b) was amended to remove reference to Chambers Guidelines.

(2023) Paragraph (a) was amended to clarify the notice procedure and incorporate separate local forms for applications to sell property and applications to sell property free and clear of liens. Portions of former paragraph (b) were 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. (2025) The introductory language was amended to clarify the requirements imposed by this rule. The scheduling of motions regarding the sale of property remains governed by SC LBR 9013-4.

1 See Notice and Application for Sale of Property Pursuant to 11 U.S.C. § 363(b) (Chapter 7, 12, or 13); Notice and Application for Sale of Property Pursuant to 11 U.S.C. § 363(b) (Chapter 11). 2 See Notice and Application for Sale of Property Free and Clear of Liens Pursuant to 11 U.S.C. § 363(f) (Chapter 7, 12, or 13); Notice and Application for Sale of Property Free and Clear of Liens Pursuant to 11 U.S.C. § 363(f) (Chapter 11). 3 See Order Authorizing Sale of Asset Pursuant to 11 U.S.C. § 363(b); Order Authorizing Sale of Asset Free and Clear of Liens Pursuant to 11 U.S.C. §363(f). - 46 - LOCAL RULE 6007-1: ABANDONMENT OR DISPOSITION OF PROPERTY a. Abandonment by Specific Notice. In addition to the requirements of SC LBR 9013-4, the provisions and forms of this rule apply to the abandonment of estate property.

Estate property may be abandoned pursuant to Fed. R. Bankr. P. 6007(a) by filing and serving a notice and order in substantial conformance with the Court's local forms. b. Abandonment at the Meeting of Creditors. Except in chapter 11 cases, property may also be abandoned at a meeting of creditors in any case in which a trustee has been appointed and in which notice that estate property may be abandoned at the meeting has been given in the Notice of Meeting of Creditors. To effect abandonment in this manner, the trustee must announce the abandonment at the meeting of creditors and hear no objections. The trustee is responsible for clearly identifying the property abandoned at the meeting of creditors and ensuring entry on the Court's docket.

An order in substantial conformance with the Court's local form shall thereafter be submitted to the Court by the trustee. Notes: (2025) Paragraph (a) was amended to clarify the requirements imposed by this rule. The scheduling of motions regarding the abandonment of property remains governed by SC LBR 9013-4. - 47 - LOCAL RULE 6070-1: TAX INFORMATION a. Procedure for Request. Requests for tax information shall be served upon the debtor and attorney for the debtor along with a copy of a proposed order as provided in subsection (b).

The request must include a description of the movant's status in the case, a description of the specific tax information sought, a statement indicating that the information cannot be obtained by the movant from any other source, a statement showing the demonstrated need for the tax information, and the mailing address of the requesting party. A request will be considered after the expiration of fourteen (14) days from filing the request. A debtor may object to the request during this fourteen (14) day period and may assert any defense to access by the requesting party or may seek to condition access to and dissemination of the tax information. A hearing will be held on the debtor's objection. b. Order.

A proposed order should be submitted granting access to the tax information. The order must include a provision that the tax information will be treated as confidential, specify the method of transmission of the tax information, and must specifically condition further dissemination of the tax information as appropriate under the circumstances of the particular case. Notes: (2021) Relevant portions of paragraph (d) were added to paragraph (c). (2023) 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. - 48 - LOCAL RULE 7001-1: ADVERSARY PROCEEDINGS - GENERAL Extensions of Time.

An extension of time to respond to a pleading may be granted only pursuant to a motion demonstrating exceptional circumstances, or consent order that proposes an extension or agreement between counsel, and filed with the Court prior to expiration of the original response deadline. Notes: (2022) Paragraph (a) was amended to remove reference to Chambers Guidelines and portions of Chambers Guidelines were moved to this rule to provide procedure prior to issuance of a scheduling order. (2023) Paragraph (a) was removed. Paragraph (b) was amended to remove the certification of extension of time procedure. - 49 - LOCAL RULE 7012-1: WHERE A MOTION TO DISMISS IS REQUESTED AGAINST A PARTY WITHOUT COUNSEL Any motion seeking dismissal of an adversary proceeding pursuant to Fed. R. Civ. P. 12 as made applicable by Fed. R Bankr. P. 7012 in which the non-moving party is without counsel shall contain a notice in substantially the following form: NOTICE A motion to dismiss is a request that one or more issues in a case be decided without holding a trial.

Motions to dismiss are governed by Rule 12, Federal Rules of Civil Procedure. Your complaint, or the portions of your complaint that the motion seeks to dismiss, may be dismissed if the court finds that the complaint does not contain sufficient allegations to state a claim upon which the court can grant relief. If you wish to oppose the motion to dismiss, you must file with the court and serve on the other party a written response within the time period set forth in a notice that will be separately mailed to you by the Clerk of Court. If you file a written response, a hearing will be held at the location and time set forth in the notice from the Clerk of Court.

If you fail to file a timely written response to the motion, the court will consider the motion unopposed and may grant the motion without holding a hearing. This will result in the termination of the proceeding, or some part thereof, in favor of the moving party. Notes: (2025) The rule was amended to clarify that it is applicable only to dismissal motions filed pursuant to Fed. R. Bankr. P. 7012. - 50 - LOCAL RULE 7026-1: DISCOVERY a. Motions, Memoranda, and Responses.1 All motions to compel compliance with discovery pursuant to Fed. R. Bankr. P. 7026 - 7037 must be filed no later than fourteen (14) days following the deadline for a response to the applicable discovery and shall be accompanied by a memorandum stating the pertinent facts and applicable legal authority relied upon. Any response to a motion filed in connection with discovery shall be filed and served within fourteen (14) days after service of the motion and shall state the pertinent facts and applicable legal authority relied upon in opposition to the motion.

Motions regarding discovery may be considered and ruled upon by the Court on an ex parte basis or scheduled for hearing. b. Certification of Consultation. Any motion concerning discovery matters must contain a certification that counsel has conferred and explored with opposing counsel, or has in good faith attempted to confer and explore, the possibility of resolving the discovery matters in controversy. c. Compliance with Discovery Orders. After the Court has ruled on a discovery motion, any answer, production, designation, inspection, or examination required by the Court shall be completed within fourteen (14) days after the entry of the order of the Court, unless otherwise ordered by the Court. 1 In addition to adversary proceedings, this local rule applies to discovery in contested matters pursuant to Fed. R. Bankr. P. 9014(c). - 51 - LOCAL RULE 7030-1: DEPOSITIONS AND EXAMINATIONS Local Civ. Rule 30.04 (D.S.C.) shall apply to Rule 2004 examinations and depositions conducted in cases and adversary proceedings pending before this Court, as applicable.

Notes: (2023) This rule was superfluous and amended to remove provisions duplicative of Local Civ. Rule 30.04 (D.S.C.). - 52 - LOCAL RULE 7056-1: WHERE SUMMARY JUDGMENT IS REQUESTED AGAINST A PARTY WITHOUT COUNSEL Any motion seeking summary judgment in which the non-moving party is without counsel shall contain a notice in substantially the following form: NOTICE A motion for summary judgment is a request that one or more issues in a case be decided without holding a trial. Motions for summary judgment are governed by Rule 56, Federal Rules of Civil Procedure. Summary judgment may be granted if (a) the material facts are not genuinely disputed and (b) based on those facts, the party asking for summary judgment is entitled to judgment as a matter of law. If you wish to oppose the motion, you must file with the court and serve on the other party a written response within the time period set forth in a notice that will be separately mailed to you by the Clerk of Court.

If you file a written response, a hearing will be held at the location and time set forth in the notice from the Clerk of Court. If you fail to file a timely written response to the motion, the court will consider the motion unopposed and may grant the motion without holding a hearing. This will result in the termination of the matter in favor of the moving party. If you disagree with any of the facts stated by the other party, you must include with your response sworn statements from yourself or other knowledgeable witnesses supporting your version of the facts.

A sworn statement may take the form either of an affidavit or a declaration signed under penalty of perjury. Any documents you want the court to consider should be identified in, and attached to, the sworn statements. If you are unable to obtain sworn statements supporting your position, you must file a sworn statement stating why you are unable to obtain such statements at this time. - 53 - LOCAL RULE 7067-1: DEPOSITING FUNDS WITH THE COURT a. Receipt of Funds. 1.

No money shall be sent to the Court or its officers for deposit into the Court's registry without court order signed by the judge in the case or proceeding. 2. The order of deposit must be prepared by the party seeking the deposit or transfer and state the exact amount to be deposited, that the funds are to be deposited into an interest-bearing account, and that the funds will remain on deposit until further order of the court. 3.

The party making the deposit or transferring funds to the Court’s registry shall personally serve the order permitting the deposit or transfer on the Clerk of Court. The Clerk of Court must take reasonable steps to deposit the money pursuant to that order as soon as practicable following service. Failure of the party making the deposit or transferring funds to comply with this section releases the Clerk of Court from liability for loss of interest upon the money subject to the order of deposit. 4.

All monies ordered to be paid to the Court or received by its officers in any case pending or adjudicated shall be deposited with the Treasurer of the United States in the name and to the credit of this Court pursuant to 28 U.S.C. § 2041 through depositories designated by the United States Treasury to accept such deposit on its behalf. 5. The funds must be submitted to the Clerk of Court by certified check or money order made payable to “U.S. Bankruptcy Court” in the exact amount specified in the court order. b. Investment of Registry Funds. 1.

Where, by order of the Court, funds on deposit with the Court are to be placed in some form of interest-bearing account or invested in a court-approved, interest-bearing instrument in accordance with Rule 67 of the Federal Rules of Civil Procedure, the Court Registry Investment System (CRIS), administered by the Administrative Office of the United States Courts under 28 U.S.C. § 2045, shall be the only investment mechanism authorized. 2. IRS regulations require special handling for “Disputed Ownership Funds” (DOF), as defined in 26 CFR § 1.468B-9 (Disputed ownership funds). Unless otherwise ordered by the Court, interpleader funds that qualify as a DOF under IRS regulations (e.g., eligible cases filed under 28 U.S.C. § 1335 or Fed. R. Civ. P. 22) shall be deposited in the DOF Pool established within the CRIS and administered by the Administrative Office of the United States Courts, which shall be responsible for meeting all DOF tax administration requirements.

3. The Director of the Administrative Office of the United States Courts is designated as custodian for all CRIS funds. The Director or the Director’s designee shall perform the duties of custodian. Funds held in the CRIS remain subject to the control and jurisdiction of the Court.

4. Money from each case deposited in the CRIS will be "pooled" together with those on deposit with the Treasury to the credit of other courts in the CRIS and used to purchase Government Account Series (GAS) securities through the Bureau of Public Debt, which will be held at Treasury, and in an account in the name and to the credit of the Director of the Administrative Office of the United States Courts. The pooled funds will be invested in accordance with the principles of the CRIS Investment Policy as approved by the Registry Monitoring Group. 5.

An account will be established in the CRIS Liquidity Fund titled in the name of the case giving rise to the deposit invested in the fund. Income generated from fund investments will be distributed to each case based on the ratio each account’s principal and earnings has to the aggregate principal and income total in the fund after the CRIS fee has been applied. Reports showing the interest earned and the principal amounts contributed in each case will be prepared and distributed to each court participating in the CRIS and made available to litigants and/or their counsel. - 54 - 6. For each interpleader case, an account shall be established in the CRIS Disputed Ownership Fund, titled in the name of the case giving rise to the deposit invested in the fund.

Income generated from fund investments will be distributed to each case after the DOF fee has been applied and tax withholdings have been deducted from the fund. Reports showing the interest earned and the principal amounts contributed in each case will be available through the FedInvest/CMS application for each court participating in the CRIS and made available to litigants and/or their counsel. On appointment of an administrator authorized to incur expenses on behalf of the DOF in a case, the case DOF funds should be transferred to another investment account as directed by court order. c. Fees and Taxes. 1.

As custodian for all CRIS funds, the Director of the Administrative Office of the United States Courts may assess fees based up on the Bankruptcy Court Miscellaneous Fee Schedule, withhold and pay federal taxes on Disputed Ownership Funds, and distribute income from fund investments after assessing fees. d. Disbursement of Registry Funds. 1. The Clerk of Court will disburse registry funds only pursuant to a court order. The disbursement order shall state the name and taxpayer identification number for each party who is to receive funds,1 the mailing address of each party, and the amount each party is to receive.

2. The party must personally serve the signed disbursement order on the Clerk of Court and complete Form AO 213 and/or AO 213P.2 3. Funds will not be disbursed until after the time for appeal of the related judgment or order has expired, or upon approval by the Court of a written stipulation signed by all parties. Notes: (2025) The rule was revised to provide more guidance on the depositing and investment of funds with the Court.

1 Due to privacy protection of court filings under Fed. R. Bankr. P. 9037, a party’s social security number may be sent to the Court’s finance department instead of included in the disbursement order. 2 Available at http://www.uscourts.gov/services-forms/forms. - 55 - LOCAL RULE 9010-2: POWER OF ATTORNEY When a petition is signed pursuant to a power of attorney, the following is required: a. The power of attorney must be: (a) a general power of attorney authorizing the attorney-in-fact to take any action which the principal could take; or (b) a special power of attorney authorizing the attorney-in-fact to file the petition; b. The power of attorney must be in writing, signed by the principal, and properly executed; and c. A copy of the power of attorney must accompany the petition. - 56 - LOCAL RULE 9011-1: ATTORNEYS- DUTIES a. Competency. Attorneys admitted to practice pursuant to SC LBR 2090-1, prior to appearing in a matter or submitting a filing with the Court, must possess a working knowledge of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, the local rules, local administrative and operating orders, Chambers Guidelines, and the applicable local rules of the United States District Court. b. Extent of an Attorney's Duty to Represent. The attorney who files the bankruptcy petition for the debtor shall be deemed the responsible attorney of record for the representation of the debtor in this court, except as may be provided in a written agreement with the debtor concerning appeals and adversary proceedings.

The attorney who files a document on behalf of a creditor or other party in interest shall likewise be deemed the responsible attorney of record in this court for the representation of the party at any applicable hearing and in all matters in this court related to the document. c. Professional Conduct. Any attorney admitted to practice before this Court, including admissions pro hac vice, shall maintain respect and courtesy and display professionalism, integrity, and civility in all Court proceedings and in all written and oral communications not only to this Court, its officers, and those who assist them, but also to opposing parties and their counsel, as well as to the trustees and those who assist them. d. Duty to Determine Eligibility. A debtor and attorney for the debtor shall have the duty to ascertain that no previous order, statute, or rule makes the debtor ineligible to file or bars the applicable filing of a petition in bankruptcy before this Court. The signing and filing of a petition by a debtor and/or attorney for the debtor will be deemed a certification to the Court that the debtor is eligible to file the petition and is not in violation of a previous order of dismissal with prejudice, statute, or rule.

Notes: (2020) Paragraph (b) was amended to clarify an attorney’s duty to represent a client. (2024) Paragraph (b) was amended to clarify that the attorney who files the bankruptcy petition for the debtor or who files a document on behalf of a creditor shall be deemed the responsible attorney of record “in this court.” - 57 - LOCAL RULE 9011-2: PRO SE PARTIES In any petition for relief, motion, adversary proceeding, or other document, or objections or responses thereto: a. Individuals may represent themselves. b. An individual may represent an unincorporated business if that individual is the sole proprietor of that business. c. All partnerships, corporations and other business entities must be represented by an attorney duly admitted to practice as specified in SC LBR 2090-1, except with respect to the filing of proofs of claim or interests and related documents and reaffirmation agreements or unless allowed by the Court. - 58 - LOCAL RULE 9011-4: SIGNATURES a. CM/ECF Participants. 1. Method and Form.

Unless otherwise provided herein or by statute, rule, or order, documents filed with the Court in paper form must contain original “wet” signatures. In lieu of the original signature, an authorized CM/ECF Participant may file a document containing a scanned copy of the original signature, a digital signature via any commercially available signature software that provides signature authentication, or an electronic signature. The filing of the document(s) by the CM/ECF filer constitutes a certification that the filer obtained, prior to filing, either the original, physical signature or express documented permission from the signer to affix the signer’s signature to the document and file it, and that the filer has verified that the authorizing signer is in fact the signer. All signatures on documents filed using CM/ECF must be displayed in one of the following ways: by a scanned copy of the original document containing original signature, by electronic or digital signature, or by a “/s/” or “s/” and the name of the person typed in the space where the signature would otherwise appear (e.g., /s/ Jane Doe or s/ Jane Doe).

Filing any document using a CM/ECF login and password or the Court's claim interface constitutes the filer's signature for purposes of signing the document under Fed. R. Bankr. P. 9011. In instances where there is a discrepancy between any CM/ECF login and signature upon the electronic filing of a document, or in instances in which multiple signatures are included, both the filer whose login was used and the signer(s) are responsible attorneys for both Fed. R. Bankr. P. 9011 and SC LBR 2090-1 purposes. All signer(s) must include name, address, telephone number, electronic mail address, United States District Court identification number (where applicable), and any other information as directed by judge, local rule, or order. Unless ordered by the Court upon a showing of exceptional circumstances, the signature of an attorney acting as local counsel for an attorney admitted pro hac vice must appear on all documents filed with the Court.

2. Retention of Original. Unless otherwise provided by statute, rule, or order, the CM/ECF Participant is not required to obtain or retain original signatures where the signer has expressly authorized in writing or electronically that the document be filed with that signer’s digital or electronic signature affixed. However, the filer must retain sufficient evidence of the signer’s permission to sign a particular document and the document’s contents as follows: if the case is dismissed, for a period of three (3) years; or if not dismissed, until the case or adversary proceeding is closed and the appeal time has passed and, if applicable, the time within which a discharge of the debtor may be revoked has passed.

Under order of the Court, such documents must be provided for review to parties. b. Pro Se Individuals. Any document to be filed with the Court that requires a pro se individual’s signature shall be signed with the original handwritten signature of the filer before delivery to the Court in paper form or by electronic transmission. Pro se individuals shall not electronically sign documents. Notes: (2021) The rule was substantially revised to incorporate portions of Operating Order 20-14 and adopt electronic signatures for parties.

In addition to the requirements in this rule, lawyers should maintain client files consistent with applicable rules of Professional Conduct. (2022) The rule was renumbered and revised to incorporate provisions found in former Operating Order 22-02. (2025) Subsection (b) was amended to update the electronic filing requirements for pro se individuals. - 59 - LOCAL RULE 9013-1: GENERAL MOTIONS PRACTICE (OTHER THAN ADVERSARY PROCEEDINGS) a. Service of Motion, Proposed Order, and Resulting Order. The moving party shall file the motion and simultaneously serve on all appropriate parties copies of the motion and any proposed order.

For self- scheduled motions under SC LBR 9013-4, the movant shall also file and serve a copy of the hearing notice on all appropriate parties. Resulting orders shall be served as indicated in SC LBR 9013-4 and its exhibits. b. Motion to Reduce Time. In instances of a need for expedited relief, a motion to reduce the time for allowed notice may be filed, which details and supports the reasons for shortening notice and provides a proposed date for hearing (from the calendar posted on the Court's website). The Court will not shorten the time for notice to less than fourteen (14) days absent a sufficient showing of extraordinary circumstances. c. Scheduling Orders.

If discovery is necessary to prepare for a hearing in a contested matter, a scheduling order may be requested by any party after consulting with all other parties. Whether all parties consent to the entry of a scheduling order should be noted. d. Denial of Relief. Relief may be denied without a hearing for any motion incorrectly scheduled, noticed, or docketed. Notes: (2020) Paragraph (a) was amended to indicate that orders should be notices pursuant to Local Rule 9013-4.

(2021) The title of the rule was changed to clarify that the rule does not apply in adversary proceedings. (2022) Paragraph (b) was amended to remove reference to Chambers Guidelines. (2023) Former paragraph (b) of the rule requiring a duty to confer was removed. - 60 - LOCAL RULE 9013-2: BRIEFS, MEMORANDA OF LAW, AND CONTESTED HEARINGS a. Any memorandum or brief required to be filed by the Court, or filed by the parties in instances where they have determined that a memorandum would materially assist the Court in its determination of the issues, shall be filed and simultaneously served, with proof of such service filed with the Court, upon all appropriate parties no later than seven (7) days prior to the hearing on the matter, unless otherwise ordered by the Court. b. More than three (3) business days prior to any hearing scheduled on a contested matter, counsel for each party in interest, and any pro se party, shall confer or make a good faith attempt to confer to limit the issues and evidence and to resolve all or part of the matters in controversy. Failure to do so may result in denial of the relief requested by the non-compliant party. c. Parties shall file on the docket a notice of contested proceeding using the corresponding CM/ECF event no later than 10:00 a.m. three (3) business days in advance of the scheduled hearing if any of the following is anticipated for the hearing: the hearing will take longer than thirty (30) minutes; live testimony is necessary; 1.

2. 3. documentary evidence is to be presented; and/or 4. any exhibits to be introduced are subject to objection. The Court may continue the matter to another date or time, request supplemental briefing or a Joint Statement of Dispute, or make other requests or accommodations. If a Joint Statement of Dispute is required, it must be in substantial conformance with the Court’s local form.

Notes: (2022) Portions of Chambers Guidelines were moved to this paragraph (b). (2023) Former paragraphs (a)(1) - (3) were 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. Paragraph (b) was amended include a duty to confer prior to a contested hearing. (2024) Changes were made to paragraph (c) to clarify requirements for contested proceedings. \ (2025) Changes made to paragraph (b) to clarify requirement for conferring with counsel and pro se parties in contested matters. - 61 - LOCAL RULE 9013-3: CERTIFICATE OF SERVICE a. Service in General.

Unless otherwise ordered or provided for in these rules, every plan, motion, pleading, objection, reply, or other document requesting relief and all amendments or attachments thereto shall be served by the filing party on all appropriate parties and their attorney of record in the proceeding pending before this Court and shall be accompanied by a certificate of service that indicates the names and addresses of the parties served with the document(s), the manner of service, and the date of service. b. Delegated Matters. A certificate of service that indicates the names and addresses of the parties served with the document(s), the manner of service, and the date of service, shall be filed by the party delegated service of an order or notice pursuant to SC LBR 5075-1, SC LBR 9013-4 or any other authority. Service shall be made promptly and a certificate of service of the delegated document should be filed within seven (7) days. The failure to timely file a certificate of service does not, in and of itself, affect the validity or enforceability of the underlying document. c. Electronic Notice or Service.

Where notice or service on some or all of the parties in interest is effected electronically pursuant to Fed. R. Bankr. P. 9036, the certificate of service filed by the delegated party, as indicated in (a) or (b), may refer to or attach the Notice of Electronic Filing without repeating its contents. Notes: (2020) Paragraph (b) of the rule was amended to reference Local Rule 9013-4 and Fed. R. Bankr. P. 9036. (2021) Portions of paragraph (b) were moved to new paragraph (c) to clarify that notice or service may be made electronically for matters under paragraph (a) and delegated matters under paragraph (b). - 62 - LOCAL RULE 9013-4: SELF-SCHEDULED MOTIONS a. Registered CM/ECF Participants and Represented Parties. 1.

General Requirements. Registered CM/ECF Participants (see SC LBR 5004(b shall provide notice of the hearing (non-passive notice) or opportunity for a hearing (passive notice) for the following motions in accordance with this rule:1 A. Passive Motions. A list of motions that shall be noticed passively 2 is attached as Exhibit A; and B. Non-Passive Motions. A list of motions that shall be noticed for a definite hearing3 is attached as Exhibit B. 2.

Procedure. The movant shall: A. Hearing Date. With the exception of pro se individuals, select a hearing date from the calendar posted on the Court's website that is: A. Not less than seven (7) days following the last day for objections; B. Not further than sixty (60) days from the service of the motion; and C. Scheduled in the same division of the case and before the judge assigned to the case, unless otherwise allowed in Chambers Guidelines or after consultation with appropriate court staff. A movant waives any automatic relief in the movant’s favor that may be due under the Bankruptcy Code or applicable Rules as a result of the expiration of any time period or deadline that may occur before the self- scheduled hearing can be held.

B. Prepare the Hearing Notice.

Prepare a hearing notice that indicates the date, time of hearing, and hearing location (complete address) and sign the hearing notice.4 The hearing notice shall be in substantial conformance with the following, as applicable: A. The Court’s applicable local passive notice forms for passive motions set forth in Exhibit A; or B. The Court’s local non-passive notice form for non-passive motions set forth in Exhibit B. C. Service. The movant shall serve the party entitled to notice5 pursuant to the applicable rule or statute and simultaneously file with the Court: i. The motion (all movants); 1 The use of the word motion herein also includes applications, objections, and notices where applicable as set forth in Exhibits A and B attached hereto. Only motions and applications filed in the main bankruptcy case and listed in this rule may be noticed using the procedure in this rule. This rule does not apply to motions filed within an adversary proceeding.

2 Passive motions are those motions where relief will likely be granted without a hearing if no objection is filed. 3 In the discretion of the Court, matters noticed for a hearing may be removed if no objection is filed. 4 The hearing notice should be signed by the movant's attorney. In certain instances a different form is required as reflected on the exhibits to this rule.

5 Parties affected by the relief requested may include the debtor, debtor's counsel, the United States Trustee, and the case trustee. - 63 - ii. The notice of hearing of the motion (only CM/ECF Participants (see (a)(1) above); and iii. A proposed order (all movants).6 b. Pro Se Individuals. 1.

General Requirements. Individuals without legal representation (see SC LBR 5005-4(d may file pleadings consistent with the requirements of these Rules, except for the preparation of any required hearing notice or scheduling, which will be performed by the Court. 2. Service.

The movant shall serve the motion on the party entitled to notice7 pursuant to the applicable rule or statute and simultaneously file with the Court a certification of such notice. If the movant fails to comply, the Court may enter an order striking the document, denying the requested relief, or providing other adverse ruling without further notice or hearing. Notes: (2020) The exhibits to the rule were substantially revised. A list of parties to be served was added to the exhibit and various notice deadlines have changed.

Some matters previously delegated under Local Rule 5075-1 were added to the exhibits, and some matters were removed. If a matter no longer appears on the exhibits it is no longer a self- scheduled matter. (2021) The footnote to the rule was amended to clarify that the rule does not apply in adversary proceedings. Exhibit B was amended to clarify that motions to sell; obtain credit; or use cash collateral in a chapter 12 case are passively noticed.

The instructions to the exhibits and the exhibits were revised to recognize that some parties may receive notice or service by NEF. The exhibits were also revised to reduce case-wide notice of certain delegated orders. (2022) Removed footnote 4 indicating that Chambers Guidelines must be considered in connection with the Local Rules because judges may have differing procedures or requirements. Paragraph (b)(1)(C) was amended to clarify that hearings are to be in the case’s division and before the assigned judge unless otherwise allowed by Chambers Guidelines or after consultation with court staff.

Exhibits were amended to move applications for compensation to Exhibit B for non-passive notice. (2023) Paragraph (b)(1) was amended to include an automatic waiver or relief due under the Bankruptcy Code or applicable Rules by self-scheduling a hearing beyond the applicable time period. Exhibits were amended to move stay relief motions to Exhibit B for non-passive notice. (2025) Paragraph (b) was added and paragraph (a)(1) was amended to limit the ability to self-schedule to represented parties.

Paragraph (a)(2)(C) was similarly amended to clarify and track the other changes. 6 In certain instances, the Court will prepare an order and no proposed order is necessary. Those instances are reflected in the exhibits to this rule. 7 Parties affected by the relief requested may include the debtor, debtor's counsel, affected creditor(s), the United States Trustee, and the case trustee. - 64 - GENERAL PROVISIONS FOR EXHIBITS A & B TO SC LBR 9013-4 Exhibits A and B of SC LBR 9013-4 provide guidance to aid with service and notice, including service of any resulting order.

A list of other notices and orders on which service has been delegated can be found at SC LBR 5075-1. To determine the manner of notice or service required, consult Fed. R. Bankr. P. 9036 and SC LBR 5005-4 and 9013-3. In addition to notice and service of a paper by mail, Fed. R. Bankr. P. 9036 provides electronic notice and service of pleadings and orders via CM/ECF (a notice of electronic filing or “NEF”) on registered users is effective notice or service except in circumstances where heightened service under Fed. R. Bankr. P. 7004 is required. Parties that routinely receive NEFs include the Case Trustee, the United States Trustee, the Clerk of Court,1 and any counsel who previously made an electronic appearance in the bankruptcy case by filing a document or notice of appearance.

These parties are noted on the exhibits in red and only require service by mail when Fed. R. Bankr. P. 7004 so requires. In instances where an objecting party is represented by counsel, that party’s counsel also receives an NEF of any resulting order. To assist parties with application of Fed. R. Bankr. P. 7004, the exhibits note when further examination into whether service under that rule may be required, but only denotes those matters that are expressly considered “Contested Matters” under Fed. R. Bankr. P. 9014 in the Code and Bankruptcy Rules. The mailing matrix in CM/ECF is continuously updated during the case.

Parties should use the most up-to-date mailing matrix when providing notice and service. Please note that the mailing matrix also includes parties who receive an NEF. Depending on the circumstances mentioned above, these parties may not require additional notice or service by mail. You may refer to the “Mailing Info for a Case” utility event in CM/ECF to determine which parties in a case will receive an NEF.

For purposes of this rule and exhibits, in voluntary chapter 7, 12, and 13 cases or an involuntary chapter 7 case, the term “mailing matrix” on the exhibit only applies to debtor’s counsel and those parties listed in Fed. R. Bankr. P. 2002(h)(1) or (2), as applicable, in those instances where notice is required by Fed. R. Bankr. P. 2002(a) following the time period set forth in that rule. Exhibits are provided as a convenience. Parties should consult all applicable authorities to ensure adequate notice and service. 1 The Clerk of Court does not require or otherwise wish to receive service of pleadings and orders that have been filed on the Court’s docket in CM/ECF. - 65 - Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings Chapter Pleading Any (as applicable) Claim Objection (Fed. R. Bankr. P. 3007) # of days for Response 30 Parties to serve Pleading Debtor, Debtor’s Counsel, Trustee, Claimant Examine Fed. R. Bankr. P. 7004 Yes Any (as applicable) Allowance of Administrative Claims or Interests (11 U.S.C. § 503) 21 Mailing Matrix Party Delegated to Serve Resulting Order Notes Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, Claimant, Objecting Party Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, United States Trustee (“UST”), Objecting Parties, Movant See the local form for noticing an objection to claim.

If the objection is to a claim of the United States, its officers, or agencies, or of an insured depository institution, service of the objection must be in the manner provided under Fed. R. Bankr. P. 7004. See Fed. R. Bankr. P. 3007(a)(2). A summary of the application identifying the applicant and the amount requested must be incorporated into the notice. The full application and proposed order are not required to be served on all creditors.

Any (as applicable) Objection to Debtor’s Claim of an Exemption (Fed. R. Bankr. P. 4003) 21 Debtor, Debtor’s Counsel, Trustee, UST Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Objecting Party Any (as applicable) Approval of Settlement (Fed. R. Bankr. P. 9019) 21 Mailing Matrix Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Objecting Parties, Movant - 66 - This exhibit governs only the period of time to respond to an objection to a debtor’s claim of an exemption. This exhibit does not alter or extend the time to file an objection to a debtor’s claim of an exemption under Fed. R. Bankr. P. 4003. See SC LBR 9019-1. See SC LBR 3015-8 to determine if a motion is necessary in a chapter 13 case.

Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings Chapter Pleading # of days for Response Parties to serve Pleading Examine Fed. R. Bankr. P. 7004 Party Delegated to Serve Resulting Order Notes Any (as applicable) Trustee or UST’s Motion Convert or Dismiss 21 Mailing Matrix Yes Served by the Clerk of Court Any (as applicable) Abandon Property (Fed. R. Bankr. P. 6007) 14 Mailing Matrix Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Objecting Parties, Movant Not applicable to 11 U.S.C. §§ 707(b), 1112, or 1307(c) motions. Court prepares order. See Fed. R. Bankr. P. 1017(f). See SC LBR 6007-1 and applicable local form related to the required notice.

Any (as applicable) Any (as applicable) Any (as applicable) 14 14 14 Divide a Case or for Joint Administration (Fed. R. Bankr. P. 1015) Extend Time to Object to Discharge and Dischargeability of Debt (Fed. R. Bankr. P. 4004, 4007, and 9006) Approve Agreement Relating to Relief from the Automatic Stay, Prohibiting or Conditioning the Use, Sale, or Lease of Property, Collateral, and/or Obtaining Credit (Fed. R. Bankr. P. 4001(d Mailing Matrix Served by the Clerk of Court Court prepares order. Debtor, Debtor’s Counsel, Trustee, UST Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Movant Served by Prevailing Party on the Movant and the same parties served with the Motion See SC LBR 4001-4 and applicable local form related to the required notice. See SC LBR 3015-8 to determine if a motion is necessary in a chapter 13 case. All cases: Debtor, Debtor’s Counsel, UST, Trustee, Affected Parties, And Chapter 7: Creditor’s Committee Chapter 11: Creditors Committee, or if none, 20 Largest Unsecured - 67 - Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings Chapter Pleading # of days for Response Parties to serve Pleading Examine Fed. R. Bankr. P. 7004 Party Delegated to Serve Resulting Order Notes 7 7 7 7 7 7, 11 7, 11 Interim or Final Accounting 21 Mailing Matrix Served by the Clerk of Court Trustee Retain Asset 21 Mailing Matrix Redeem (11 U.S.C. § 722) 21 Affected Parties, Trustee Yes Served by Prevailing Party on Trustee, Affected Parties, Debtor, Debtor’s Counsel Served by Prevailing Party on Affected Parties, Trustee, Debtor, Debtor’s Counsel Debtor’s Motion to Convert 7 to 13 (No Previous Conversion) 14 Mailing Matrix Served by the Clerk of Court Extend Time to File a Motion Regarding Substantial Abuse (11 U.S.C. § 707(b 14 Debtor, Debtor’s Counsel, Trustee, UST Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Movant Notices by a trustee may conform with uniform notices approved by the Executive Office of the United State Trustee.

See Advisory Committee Note, Fed. R. Bankr. P. 6008. Debtor’s Motion to Dismiss (No Previous Conversion) 21 Mailing Matrix Yes Served by the Clerk of Court See Fed. R. Bankr. P. 1017(f). Assume or Reject Leases/Executory Contracts (11 U.S.C.§ 365) 21 Yes Debtor, Debtor’s Counsel, the Other Party to the Contract or Lease or other Affected Party, Trustee, UST Served by Prevailing Party on Debtor, Debtor’s Counsel, the Other Party to the Contract or Lease, Trustee, UST In chapter 12 and 13 cases, this motion is embedded in the form plan. See Fed. R. Bankr. P. 6006(a). - 68 - Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings Chapter Pleading # of days for Response Parties to serve Pleading 7, 11 Avoid Lien (11 U.S.C.§ 522) 7, 11 Establish Value (11 U.S.C. § 506) 21 21 Affected Parties, Trustee Examine Fed. R. Bankr. P. 7004 Yes Party Delegated to Serve Resulting Order Notes Served by Prevailing Party on Affected Parties, Trustee, Movant, Debtor, Debtor’s Counsel See SC LBR 4003-2.

In chapter 12 and 13 cases, this motion is embedded in the form plan. See Fed. R. Bankr. P. 4003(d). Debtor’s Counsel, Debtor, Holder of the Claim, Trustee, UST Yes Served by Prevailing Party on Debtor’s Counsel, Debtor, Holder of the Claim, Trustee, UST, Movant Do not use this procedure if the motion is incorporated in another motion, such as a motion to redeem in chapter 7. In chapter 13 cases, this motion is embedded in the form plan.

11 11 11 11 11 Final Decree (Fed. R. Bankr. P. 3022) Discharge for Individual (11 U.S.C. § 1141) Subchapter V Discharge (11 U.S.C. § 1192) 30 Mailing Matrix Served by the Clerk of Court Court prepares order. 21 Mailing Matrix Served by the Clerk of Court 21 Mailing Matrix Served by the Clerk of Court See SC LBR 4004-2 Shorten the Mailing Matrix 21 Mailing Matrix Served by Prevailing Party on Mailing Matrix See SC LBR 2081-2(d) Debtor’s Motion Convert to Chapter 12 or 13 (No Previous Conversion) 14 Mailing Matrix Yes Served by the Clerk of Court See Fed. R. Bankr. P. 1017(f). - 69 - Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings # of days for Response Parties to serve Pleading 14 Mailing Matrix Examine Fed. R. Bankr. P. 7004 Party Delegated to Serve Resulting Order Notes Served by Prevailing Party on Mailing Matrix See SC LBR 3016-1 Chapter Pleading Extend Time to File Chapter 11 Plan or Disclosure Statement 11 11 12 Modify Confirmed Subchapter V Plan (11 U.S.C. § 1193; Fed. R. Bankr. P. 3019) 21 Debtor, Debtor’s Counsel, Trustee, Parties affected by the Proposed Modification, UST Yes Served by the Clerk of Court Final Report (Fed. R. Bankr. P. 5009(a 30 Mailing Matrix Served by the Clerk of Court 12, 13 Modify Confirmed Plan (11 U.S.C. §§ 1229 or 1329; Fed. R. Bankr. P. 3015(h 21 Trustee, Parties affected by the Proposed Modification, UST Yes Served by the Clerk of Court See SC LBR 3015-2(b). Objections to a proposed modification are governed by Fed. R. Bankr. P. 9014. See Fed. R. Bankr. P. 3015(h).

If the modified plan includes a new embedded motion, service under Fed. R. Bankr. P. 7004 is required on the parties affected by the embedded motion. 12, 13 Moratorium on Payments 21 Mailing Matrix Served by Movant on Debtor, Debtor’s Counsel, Trustee, any Objecting Party 12, 13 Co-Debtor Stay Relief (11 U.S.C. §§ 1201 or 1301) 14 Debtor, Debtor’s Counsel, Co- Debtor, Trustee Yes Served by Prevailing Party on Debtor, Debtor’s Counsel, Co- Debtor, Trustee, Movant Court prepares order. See Fed. R. Bankr. P. 4001(a). 12, 13 Obtain Credit 14 Trustee, UST Served by Prevailing Party on Trustee, UST, Debtor, Debtor’s Counsel, Movant See SC LBR 3015-8 to determine if a motion is necessary in a chapter 13 case. - 70 - Exhibit A to SC LBR 9013-4 Motions/Applications approved for passive, self-scheduled hearings Chapter Pleading # of days for Response Parties to serve Pleading Examine Fed. R. Bankr. P. 7004 Party Delegated to Serve Resulting Order Notes 12, 13 Request for Discharge 14 Mailing Matrix (11 U.S.C. §§ 1228(a) or 1328(a Served by the Clerk of Court See SC LBR 3015-5 and SC LBR

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