See Fed. R. Bankr. P. 4001(a)(1),

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: 4001-4

Jurisdiction: DSCB

Bluebook Citation: Bankr. D.S.C. R. 4001-4

(b)(1)(A), & (c)(1)(A). Served by the Clerk of Court Court prepares order. Served by the Clerk of Court See SC LBR 3015-5. Mailing Matrix Served by the Clerk of Court Court prepares order.

Trustee, Debtor, Debtor’s Counsel, Affected Party Served by Prevailing Party on Trustee, Debtor, Debtor’s Counsel, Affected Party 14 Mailing Matrix Served by the Clerk of Court - 77 - LOCAL RULE 9014-1: OBJECTIONS When any document requires a party in interest to file an objection, return, or response to the document within a specified time, 1 the following applies: a. The objection must be in writing and properly captioned in accordance with Fed. R. Bankr. P. 9004 and set forth with particularity the reasons for opposition, citing applicable statutes, rules and controlling case law. The parties may be limited to arguing the matters raised in the objection. b. If no objection is filed within the applicable time period, or any objection is withdrawn or resolved, the Court may grant the movant relief without further hearing. c. Absent Court approval, no extension of the time permitted to respond to any motion, objection, or other contested matter is effective. Notes: (2023) Former paragraphs (b) and (c) 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. 1 See SC LBR 9013-4 for deadlines to object to self-scheduled matters. - 78 - LOCAL RULE 9015-1: JURY TRIALS a. Demand.

Any demand for jury trial shall contain a statement indicating whether the demanding party consents to the jury trial being conducted by the bankruptcy judge. b. Statement of Entitlement and Consent. Within the later of the time for filing a response to the pleading in which the right to jury trial is asserted, or fourteen (14) days after the right to jury trial is asserted if no responsive pleading is due, a party affected by the demand shall file any response or objection to the claim of the right to a jury trial and a statement whether that party consents to the jury trial being conducted by the bankruptcy judge. c. Memorandum. In the event a hearing is scheduled to determine the existence of a right to jury trial, or as directed by the Court, the parties demanding and opposing trial by jury shall file and simultaneously serve on each other and any other affected party a memorandum of the relevant facts and authorities no later than seven (7) days before the hearing. - 79 - LOCAL RULE 9018-1: DOCUMENTS SUBMITTED UNDER SEAL Requests to seal documents pursuant to 11 U.S.C. § 107 or Fed. R. Bankr. P. 9018 shall be made by motion. If the motion itself contains confidential information, the movant shall file and serve electronically a redacted version clearly marked as such and shall submit the unredacted version to chambers.

The order authorizing the filing of such documents under seal shall be entered electronically unless otherwise directed by the Court. Following entry of the order, sealed documents shall be electronically filed using the appropriate CM/ECF event for sealed documents. Once the documents have been electronically filed, paper copies of sealed documents and electronic devices containing sealed documents will be retained by the Court for a period of two (2) years after the case or proceeding is closed, after which they will be destroyed. - 80 - LOCAL RULE 9019-1: COMPROMISE AND SETTLEMENT Notice of settlement or compromise must be filed and served within ten (10) days after the report of settlement to the Court. A form in substantial conformance with the Court's local form may be used.

Notice of settlement or compromise must: (1) provide parties in interest sufficient detail of the settlement to arrive at a reasoned basis for objecting to or accepting the settlement or compromise, (2) be signed by the attorneys for the settling parties and any pro se party to the dispute, and (3) be accompanied by a consent settlement order. If a notice of settlement or compromise is not timely filed and served, the Court may strike the pleading or objection of the party responsible for the delay or take other action that is just. Notes: (2022) Removed footnote 1 indicating that Chambers Guidelines must be considered in connection with the Local Rules because judges may have differing procedures or requirements. - 81 - LOCAL RULE 9019-2: MEDIATION a. Initiation of Mediation and Costs. Any party may file and serve on all other parties to the proceeding a motion for mediation.

Mediation, as described herein, is contemplated to be non-binding unless the parties otherwise agree. A party opposing mediation shall have fourteen (14) days to file and serve an objection to the request. After reviewing the request, any objections and, if appropriate, conducting a conference with the parties, the Court may order mediation. The Court may also, sua sponte or upon stipulation of all parties, order mediation.

Unless the parties agree upon the sharing of the costs of the mediation, including mediator fees, the division of such costs shall be determined by the Court. Absent an order of the Court setting forth a different deadline, election of mediation by agreement of the parties shall occur no later than the earlier of the filing of a joint pretrial order, the time of the final pretrial conference, or seven (7) days prior to the hearing scheduled in a contested matter. b. Proposed Order. Any order to mediate shall designate the mediator, specify responsibility for the costs of mediation, and may contain additional provisions regarding the conduct and timing of mediation and the duties and compensation of the mediator.1 The Court may stay the proceeding, in whole or in part, to allow time to complete mediation, but such proceedings and/or hearings related thereto are not to be delayed absent Court approval which may require a showing of exceptional circumstances. c. Selection of the Mediator. The mediator may be a person who is certified under applicable rules or is otherwise qualified by training or experience to mediate all or some of the issues being litigated.

Unless otherwise ordered, the mediator may be selected upon the agreement of all the parties or, if the parties cannot agree upon the selection of a mediator, the Court may appoint one. The mediator must promptly determine all conflicts or potential conflicts pursuant to applicable rules and disclose that circumstance to the parties in writing. If a dispute arises concerning the disqualifying effect of any conflict, the Court shall resolve the issue and may appoint another mediator. d. Timing and Conclusion of Mediation. Unless otherwise ordered, mediation shall be concluded within thirty (30) days of the order appointing a mediator.

The mediator shall report to the Court in writing within seven (7) days following conclusion of mediation whether an agreement was reached by the parties and, if so, whether such agreement will resolve the proceeding and which party or parties will be responsible for the proposed order, stipulation, or notice of settlement. The proposed order, stipulation, or notice of settlement is due within fourteen (14) days of the mediator's report. If the proceeding is not resolved by mediation, the proceeding will be set for hearing, pre-trial conference, or trial in the ordinary course. e. Disqualification of Mediator. Any party may move for an order disqualifying the mediator.

If the motion is granted and the mediator is disqualified, an order shall be entered appointing a replacement mediator. f. Confidentiality. Communications during the mediation conferences shall be confidential. The parties, their attorneys, and other persons present shall maintain the confidentiality of the mediation and shall not rely on, introduce, or attempt to introduce as evidence in any arbitral, judicial, or other proceeding, any event, document, or communication relating in any way to the mediation. Except when ordered by the Court for exceptional circumstances shown, the mediator shall not be listed or called as a witness or be compelled by subpoena or otherwise to divulge any records or to testify in regard to the mediation in any adversary proceeding or judicial forum.

All records, reports, and other documents received or created by the mediator while serving in that capacity shall be confidential. g. Immunity of Mediator. The mediator shall not be liable to any person for any act or omission in connection with a mediation conducted under these rules or the Local Civil Rules for the United States District of South Carolina. 1 Parties submitting a proposed order should submit an order in substantial conformance with the local form. - 82 - Notes: (2025) The rule was revised to clarify who may serve as a mediator, the process for seeking disqualification of a mediator, the immunity of a mediator and confidentiality of mediation conferences. - 83 - LOCAL RULE 9029-1: OPERATING ORDERS, GUIDELINES REGARDING CASE MANAGEMENT, AND AMENDMENTS TO THE LOCAL BANKRUPTCY RULES Certain matters of practice and procedure may be addressed by operating orders or guidelines. Substantive amendments to these rules may be made by separate order and notice of such will be posted on the Court's website.

Technical correction to any local rule may be made by the Court at any time. - 84 - LOCAL RULE 9033-1: PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW If a bankruptcy judge enters proposed findings of fact and conclusions of law, the procedures in this rule apply. a. Designation of Record. Upon the filing of any objection or response pursuant to Fed. R. Bankr. P. 9033 or otherwise, the filing party shall also file and serve on the opposing party a statement designating those items in the record that are to be included in the transmittal of the record to the United States District Court. b. Transmittal. Following the time period for objections and the filing of responses, the Clerk of Court shall transmit the proposed findings of fact and conclusions of law with any items designated pursuant to paragraph (a), if any, to the Clerk of the United States District Court. - 85 - LOCAL RULE 9036-1: NOTICE BY ELECTRONIC TRANSMISSION TO DEBTORS a. DeBN Request Form. 1 Each debtor who files a voluntary petition shall file, contemporaneous with the petition, a completed Debtor's Electronic Noticing Request (DeBN Request) on the form provided by the Clerk of the Bankruptcy Court.

Each DeBN Request must state whether the debtor: (1) requests creation of a new DeBN account to begin receiving court notices and orders via email pursuant to Fed R. Bankr. P. 9036; (2) declines participation in the DeBN program; (3) requests an update to or reactivation of an existing DeBN account; or (4) requests deactivation of an existing DeBN account. b. Email Address. DeBN Requests to create a new DeBN account and DeBN Requests to update or reactivate an existing DeBN account must list a valid and active email address for the debtor. A debtor may list the same email address that was listed on a joint debtors DeBN Request, however, except as provided in paragraph (d),each debtor and each joint debtor must sign and file a separate DeBN Request regardless of whether they share the same email address. c. Proof of Identity. All DeBN Requests must be filed with sufficient evidence of the debtor's identity.

The debtor provides sufficient evidence of identity when: (1) The debtor's attorney files the DeBN Request electronically in CM/ECF; or (2) The debtor files the DeBN Request with the Clerk's Office and provides a photo identification or other document that would satisfy 11 U.S.C. § 521(h) and contains the debtor’s name and address that corresponds with the petition. d. Automatic Consent. Each debtor who files a petition for bankruptcy relief electronically by utilizing eSR pursuant to SC LBR 5005(d)(2) or files a document electronically by uploading to the EDSS pursuant to SC LBR 5005(d)(3), automatically consents to receive certain notices from the Court electronically through DeBN at the email address associated with the eSR or EDSS submission subject to the debtor providing identification pursuant to paragraph (c). Notes: (2020) Paragraph (a) was removed as unnecessary based on changes to Fed. R. Bankr. P. 9036. (2021) Paragraph (b) was removed as unnecessary based on changes to Fed. R. Bankr. P. 9036.

Former paragraph (a) was restyled, and the title of the rule was amended. (2023) Paragraph (d) was added to provide for automatic electronic noticing for debtors who submit documents through eSR and/or EDSS. (2025) Paragraphs (c) and (d) were amended to require proof the debtor’s address corresponds with that provided in the petition in order to be enrolled in DeBN. 1 See SC LBR 5005-4 - 86 - LOCAL RULE 9037-1: PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT a. Unredacted Documents.

Unless otherwise ordered by the Court, an entity seeking to redact a previously filed document containing private information pursuant to Fed. R. Bankr. P. 9037(h) must file a motion that contains specific information detailing how the pleading violates Fed. R. Bankr. P. 9037. If the filer is also the movant and does not wish to file a corrected document, the motion should additionally include a withdrawal of the underlying document. b. Transcripts. Access to transcripts filed with the Court will initially be restricted to allow interested parties the opportunity to review transcripts and request redaction. Upon submission of a proper request, the Court shall redact private information from transcripts published or otherwise made available to the public by the Court in accordance with Fed. R. Bankr. P. 9037(a). c. Disabling Public Access.

The Clerk of Court is authorized, but not required, to disable public access of any document that appears to be filed in violation of Fed. R. Bankr. P. 9037. The document in question will be immediately forwarded to the presiding judge to determine if the document should remain inaccessible to the public and whether the filing party should be instructed to submit a redacted document. d. Multiple Redaction Requests. A party in interest who seeks to redact or restrict access to documents filed in multiple cases shall contact the Clerk of Court in advance of filing the motions to redact or restrict. Notes: (2022) The title of the rule was amended.

Paragraphs (a) and (b) were amended to remove information duplicative of Fed. R. Bankr. P. 9037. Paragraph (a) was amended to remove the requirement to file a proposed order. - 87 - LOCAL RULE 9070-1: EXHIBITS IN ADVERSARIES AND CONTESTED MATTERS Unless otherwise provided by a Court order: a. Submission of Exhibits in Contested Matters. Exhibits for a hearing or trial are to be submitted to the courtroom deputy in advance and exchanged with the opposing party. The parties shall exchange exhibits and confer well in advance of the hearing to determine whether they will be able to stipulate to the admission of exhibits.

The party submitting the exhibits shall note any stipulation to the admission of the exhibits and contact courtroom staff to deliver exhibits to the location where the trial or hearing will be conducted. b. Marking of Exhibits. Exhibits must be marked for identification in advance of a hearing or trial. Parties shall provide the original and three (3) copies to the courtroom deputy sufficiently in advance to permit marking the exhibits for identification and shall ensure there are enough copies available for all opposing counsel or parties at the hearing. Parties seeking to submit electronic exhibits should contact the courtroom deputy as soon as possible and no later than three (3) business days prior to a hearing or trial to ask for permission and/or make arrangements and to ensure compatibility with the Court’s equipment. c. Custody of Exhibits.

Exhibits admitted into evidence or marked for identification at a hearing or trial shall be claimed by the proponent within fourteen (14) days after expiration of the time for appeal, unless otherwise directed by the Court. If the party who offered the exhibit, including an exhibit submitted under seal, fails to claim it as provided herein, the Clerk of Court may provide notice to the attorneys of record and pro se parties advising that the exhibits will be destroyed if not claimed within two years after the case or proceeding is closed Notes: (2022) Removed footnote 1 indicating that Chambers Guidelines must be considered in connection with the Local Rules because judges may have differing procedures or requirements. Paragraphs (a) and (b) added provisions from Chambers Guidelines. (2023) Paragraph (c) was amended to extend the period of time exhibits are maintained by the Clerk of Court prior to destruction. - 88 - LOCAL RULE 9075-1: EMERGENCY ORDERS a. Motions for Emergency or Expedited Hearing.

A motion for an emergency hearing or a hearing to be held on less than fourteen (14) days' notice should be filed as a separate document from the motion upon which relief is sought, including a motion for immediate turnover of tangible personal property under 11 U.S.C. § 542(a), and should contain a complete and detailed explanation of the urgency of the request, including the proposed time for scheduling of a hearing, the potential for irreparable harm if relief is not granted, and the efforts made to communicate with other parties in interest to the motion in a good faith attempt to resolve the matter. b. Ex Parte Relief. A pleading seeking ex parte relief, such as a temporary restraining order, shall be accompanied by a proposed order. Notes: (2024) Paragraph (a) was amended to specifically reference motions for immediate turnover as a result of amendments to Fed. R. Bankr. P. 7001(1). Paragraph (c) was removed as superfluous and in conflict with amended Fed. R. Bankr. P. 7001(1). - 89 -

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