Exhibit A to SC LBR 9013-4
U.S. Bankruptcy Court for the District of South Carolina
U.S. Bankruptcy Court for the District of South Carolina
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 13 13 13 Substitute Collateral 14 Affected Parties, Trustee, UST Yes Served by Prevailing Party on Affected Parties, Trustee, UST, Movant See Fed. R. Bankr. P. 4001(b)(1)(A). Trustee’s Notice of Plan Payment Change (Conduit) Trustee Motion or Petition to Dismiss (11 U.S.C. § 1307(c 21 At least 21 Debtor, Debtor’s Yes Served by the Clerk of Court See SC LBR 3015-2(c) Counsel Debtor, Debtor’s Counsel Yes Served by the Clerk of Court Court prepares order. See Fed. R. Bankr. P. 1017(f). 7, 12, 13 Use, Sale or Lease of Property (Excluding Cash Collateral); Sale Free and Clear (Fed. R. Bankr. P. 6004(a), (c 21 Mailing Matrix Yes Served by Prevailing Party on Debtor, Trustee, UST, Debtor’s Counsel, any Objecting Party See SC LBR 6004-1 and applicable local forms related to the required notice for a sale and proposed order.
Motions to sell property free and clear of all liens must be served in a manner under Fed. R. Bankr. P. 7004. See Fed. R. Bankr. P. 6004(c). Objections to a proposed use, sale or lease of property must be served in a manner under Fed. R. Bankr. P. 7004. See Fed. R. Bankr. P. 6004(b) & (d).
An order approving a sale pursuant to § 363(b) shall be served by the movant’s counsel on the closing attorney and any realtors within five (5) days of entry of the order. - 72 - 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 13 13 Determine Status under Fed. R. Bankr. P. 3002.1(f) 28 Trustee, Debtor, Debtor’s Counsel, Affected Party Determine Final Cure and Payment under Fed. R. Bankr. P. 3002.1(g)(4) 28 Trustee, Debtor, Debtor’s Counsel, Affected Party Served by Prevailing Party on Trustee, Debtor, Debtor’s Counsel, and Affected Party Served by Prevailing Party on Trustee, Debtor, Debtor’s Counsel, and Affected Party Motions filed under Fed. R. Bankr. P. 3002.1(g)(4) must be filed within 45 days after service of a response under subsection (g)(3) of that rule or after service of the Trustee’s notice under subsection (g)(1). See Fed. R. Bankr. P. 3002.1(g)(4)(A). - 73 - Exhibit B to SC LBR 9013-4 Motions/Applications approved for non-passive, self-scheduled hearings Chapter Pleading Any (as applicable) Stay Relief (11 U.S.C. § 362(d), Fed. R. Bankr. P. 4001(a # of Days for Response 14 Any (as applicable) Value Tax Claim and Establish Priority (Fed. R. Bankr. P. 3012(c 21 Any (as applicable) Convert or Dismiss by Creditor or Party in Interest 21 Parties to Serve All cases: Debtor, Debtor’s Counsel, UST, Trustee, Affected Parties, And Chapter 7: Creditors Committee Chapter 11: Creditors Committee, or if none, 20 Largest Unsecured Trustee, Debtor’s Counsel, Debtor, Holder of the Claim Examine Fed. R. Bankr. P. 7004 Yes Party Delegated to Serve Resulting Order Notes Served by Prevailing Party on the Movant and the same parties served with the Motion See Fed. R. Bankr. P. 4001(a). See Chambers Guidelines for available automated events to assist with the processing of motions for relief from stay. Yes Served by Prevailing Party on Trustee, Debtor’s Counsel, Debtor, Holder of the Claim, Movant Mailing Matrix Yes Served by the Clerk of Court See Fed. R. Bankr. P. 1017(f).
Any (as applicable) Convert or Dismiss by Debtor (Previous Conversion) 21 Mailing Matrix, Trustee in Prior Case Yes Served by the Clerk of Court See Fed. R. Bankr. P. 1017(f). Any (as applicable) Extend or Impose Stay (11 U.S.C. § 362(c)(3) or (4 14 Mailing Matrix However, to the extent the relief sought only applies to the stay as to certain creditors, then: All cases: Debtor, UST, Trustee, affected parties, and Chapter 7: Creditors Committee Chapter 11: Creditors committee, or, if none, 20 largest unsecured creditors - 74 - Served by Movant on Debtor, Trustee, UST, Debtor’s Counsel, any Objecting Party An affidavit or declaration consistent with 28 U.S.C. § 1746 of the movant in support shall be filed to support the motion. Exhibit B to SC LBR 9013-4 Motions/Applications approved for non-passive, self-scheduled hearings Chapter Pleading # of Days Parties to Serve for Response Party Delegated to Serve Resulting Order Notes Examine Fed. R. Bankr. P. 7004 Any (as applicable) Reconsider Stay Relief 14 Affected Parties, Trustee Any (as applicable) Withdraw as Counsel Without Consent of Client 14 Client, Trustee, UST Any (as applicable) Approve Compensation or Expenses Over $1,000 21 Mailing Matrix 7 7 11 Dismiss by Trustee or UST for Abuse (11 U.S.C. § 707(b), Fed. R. Bankr. P. 1017) Reaffirmation Agreement Approval with Presumption of Undue Hardship (11 U.S.C. § 524(m Appoint Trustee or Examiner (11 U.S.C. § 1104) 21 14 Debtor, Debtor’s Counsel, Trustee, UST Debtor, Debtor’s Counsel, Trustee, Affected Party, UST Served by Prevailing Party on Affected Parties, Trustee, Debtor, Debtor’s Counsel, Movant Served by Movant on Client, Trustee, UST See SC LBR 2091-1. Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, UST, Objecting Parties, Movant Served by the Clerk of Court The procedure in this rule does not apply to requests for fees under SC LBR 2016-1(b)(1) or (2).
See Fed. R. Bankr. P. 1017(f). Yes Served by Prevailing Party on Debtor, Debtor’s Counsel, Trustee, Affected Party, UST 21 Mailing Matrix Yes Served by the Clerk of Court See Fed. R. Bankr. P. 2007.1(a). - 75 - Exhibit B to SC LBR 9013-4 Motions/Applications approved for non-passive, self-scheduled hearings Chapter Pleading # of Days Parties to Serve for Response Party Delegated to Serve Resulting Order Notes Examine Fed. R. Bankr. P. 7004 11 Use, Sale, or Lease Property; Sale Free and Clear (Fed. R. Bankr. P. 6004(a), (c 21 Mailing Matrix Yes Served by Prevailing Party on Debtor, Trustee, UST, Debtor’s Counsel, any Objecting Party See SC LBR 6004-1 and applicable local forms related to the required notice and proposed order. Motions to sell property free and clear of all liens must be served in a manner under Fed. R. Bankr. P. 7004. See Fed. R. Bankr. P. 6004(c).
Objections to a proposed use, sale or lease of property must be served in a manner under Fed. R. Bankr. P. 7004. See Fed. R. Bankr. P. 6004(b) & (d). An order approving a sale pursuant to § 363(b) shall be served by the movant’s counsel on the closing attorney and any realtors within five (5) days of entry of the order. See SC LBR 3016-1 11 Extend Exclusivity or Time to File a Plan or Disclosure Statement (11 U.S.C. §§ 1121(d), (e), 1189(b 14 Mailing Matrix Served by Prevailing Party on Debtor, Trustee, UST, Debtor’s Counsel, any Objecting Party - 76 - Exhibit B to SC LBR 9013-4 Motions/Applications approved for non-passive, self-scheduled hearings Chapter Pleading 7, 11 Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use Cash Collateral; Obtaining Credit (Fed. R. Bankr. P. 4001(a)(1), (b), (c # of Days for Response 14 14 14 14 14 7, 11, 12 Reopen (11 U.S.C. § 350) 12, 13 13 13 13 Hardship Discharge (11 U.S.C. §§ 1228(b), 1328(b Reconsider Dismissal Determine Post-Petition Fees, Expenses, and Charges (Fed. R. Bankr. 3002.1(e Reopen (11 U.S.C. § 350) Examine Fed. R. Bankr. P. 7004 Yes Parties to Serve 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 Trustee, UST, Debtor, Debtor’s Counsel Mailing Matrix Party Delegated to Serve Resulting Order Notes Served by Prevailing Party on Movant and same parties served with the Motion Excludes agreements under Fed. R. Bankr. P. 4001(d) and SC
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