Effective May 1, 2019, the U.S. Bankruptcy Court for the District of South Carolina will adopt a new Chapter 13 Plan form. The time period for objection to the Plan will no longer be visible on the face of the Plan. Instead, the Plan will direct creditors to the “Notice of Bankruptcy Case or applicable Notice/Motion.”
Currently, the Plan objection deadline is dependent on the assigned Judge. Judges David Duncan and Helen Burris use the current form, which allows for objection up to seven days prior to confirmation, whereas Judge John Waites directs creditors to Operating Order 18-04, which only allows a creditor 21 days from the date of service of the Plan to object. The adoption of the new form Plan will resolve any conflicts by removing the objection deadline from the face of the Plan. Creditors will now need to review the Plan as well as the Notice of Bankruptcy Case or applicable Notice/Motion in order to determine the appropriate objection deadline.
The attorneys of ALAW continue to monitor all changes in our ever-changing legal landscape and will keep you informed.
As always, if you have any questions about this decision, or any other matters affecting your business, please feel free to call or email any of our seasoned attorneys. Our South Carolina Managing Attorney is also available to address any questions specific to your South Carolina files.
For more information on this legal update please contact:
William S. Koehler
Managing Attorney, South Carolina
E: [email protected] | O: (803) 828-0880