UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH CAROLINA RULE 29.00
29.01: Referral. Pursuant to 28 U.S.C. § 157(a), the Court hereby refers to the Bankruptcy Judges for the District all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11. See Procedures, 28 U.S.C. § 157.
29.02: Local Rules of Bankruptcy Practice. Pursuant to Bankruptcy Rule 9029, the Bankruptcy Judges of this District are hereby authorized to make such rules of practice and procedure as they may deem appropriate; provided, however, that in promulgating the rules governing the admission or eligibility to practice in the Bankruptcy Court, the Bankruptcy Judges shall require District Court admission except for appearances pro se or for appearances pursuant to the student practice rule of this Court.
(A) Pro Hac Vice Admission. The Bankruptcy Judges, as judicial officers of the District Court, are hereby empowered to grant pro hac vice admission to the District Court for bankruptcy matters under rules identical to this Court's rules on such admission.
(B) Exception. When appropriate, the Bankruptcy Judges may except certain filings such as the filing of claims from these requirements.
1. 1 Local Bankruptcy Rules marked with an asterisk (*) are amended or new as of December 1, 1996.
2. 1 Chapter 13 debtors make payments to the trustee who, in turn, makes the payment to the court. See paragraph B.3. below.
Clerk's Instructions are available on the court's electronic bulletin board and at the Intake Division of the clerk's office.4. Ibid.
5. An individual debtor may list any property claimed as exempt under 11 U.S.C. § 522(b)(2) using Exhibit 1 to "Clerk's Instructions re: Debtor's Claim for Property Exemption", which, if used, shall be attached as an exhibit to Official Bankruptcy Form B6C. Clerk's Instructions are available on the court's electronic bulletin board and at the Intake Division of the clerk's office.
6. 1 This Local Bankruptcy Rule addresses transfers of venue within the District of South Carolina itself. For authority concerning venue and transfers of venue between districts, see 28 U.S.C. §§ 1408, 1409 and 1412; Bankruptcy Rule 1014.
7. 2 Ibid.
8. The 1996 amendments remove from this Local Bankruptcy Rule the procedures governing the determination of the value of a claim in chapter 13 cases. Those procedures are now specified in SC LBR 3015-1.
9. This form is for use only in chapter 7, chapter 11 and chapter 12 cases. See SC LBR 3015-1 for chapter 13 notice.
10. This form is for use only in chapter 7, chapter 11 and chapter 12 cases. See SC LBR 3015-1 for chapter 13 notice.
11. This form is for use only in chapter 7, chapter 11 and chapter 12 cases. See SC LBR 3015-1 for chapter 13 notice
12. If this is a modified plan, insert language to identify it as such.
13. Clerk's Instructions are available on the court's electronic bulletin board and at the Intake Division of the clerk's office.
14. 1 The $150 filing fee is effective on December 18, 1996; $120 filing fee is in effect until that date. If a trustee or the debtor in possession is the plaintiff, the fee is payable only from the estate and to the extent there is any estate realized. An affidavit should accompany the adversary proceeding which attests to the reason the fee is absent whenever the adversary proceeding is submitted without the applicable filing fee.
15. 2 Ibid.
16. 3No fee required if reopening is to correct an administrative error or for actions related to the debtor's discharge, i.e., issuing restraining orders or for other proceedings in connection with a discharge granted in the original case. (NOTE: An "administrative error" can only be made by the court itself or the clerk's office).
17. 1 See SC LBR 7026-3 and SC LBR 7026-4.
18. 1 In this Local Bankruptcy Rule the word "motion" shall mean any request for an order of this court. Excepted from the requirement to file a memorandum and confer with the opposing attorney under this Local Bankruptcy Rule are: (1) Motion by debtor to convert unless the case has been previously converted; (2) Motion by chapter 7, 12 and 13 debtor to dismiss case; (3) Motion by chapter 12 and 13 trustees to dismiss case; (4) Motion to avoid lien (see SC LBR 4003-1); (5) Motion to value security (see SC LBR 3012-1); (6) Motion for relief from the automatic stay (see SC LBR 4001-1); (7) Application to pay filing fees in installments; (8) Application for compensation or reimbursement; (9) Application to employ professional persons; (10) Application for entry of final decree on consummation of a chapter 11 plan; (11) Application to shorten period of notice; (12) Motion to sell (see SC LBR 6004-1); (13) Motion to Abandon by Debtor or Trustee (see SC LBR 6007-1); (14) Motion to Examine (see Bankruptcy Rule 2004); (15) Motion not to dismiss pursuant to SC LBR 2003-1; (16) Motion of Intent to Collect Child Support (see SC LBR 4001-3). The applicable requirements for service are not excepted (see Bankruptcy Rules 9013, 9014, 7005).
19. 1 Exceptions to this Local Bankruptcy Rule are: (1) the time within which objections to confirmation of chapter 13 plans and related motions must be filed and served (see SC LBR 3015-1); (2) an objection by a chapter 13 trustee to a chapter 13 plan since such objections may, but need not, be in writing.