Local Rule 5075-1: DELEGATION OF NOTICING AND SERVICE OF ORDERS

LOCAL RULE 5075-1: DELEGATION OF NOTICING AND SERVICE OF ORDERS In addition to notice delegated by SC LBR 6004-1 and 9013-4, and any other Local Rule or authority, and pursuant to Fed. R. Bankr. P. 2002 and 3019, noticing and service of notices1 and orders are delegated as follows. Parties to be served are included in italics.

a. Chapter 11. Service and noticing of the following documents are delegated to the plan proponent:

1. Order and notice setting disclosure statement hearing (Mailing Matrix); 2. Order approving disclosure statement and setting confirmation hearing (Mailing Matrix); 3. Notice of time fixed for filing objections and, if an objection is filed, the hearing to consider a proposed modification to plan pursuant to 11 U.S.C. § 1127(e) (Mailing Matrix).

b. Chapter 12. Service and noticing of the following documents are delegated to the debtor:

1. Service of any chapter 12 plan or amended or modified plan, any embedded motions, exhibits, and notice of time for filing objections, as further specified in SC LBR 2082-1 (Mailing Matrix); 2. Notice of the pre-confirmation conference pursuant to SC LBR 2082-1(e) (Mailing Matrix); 3. Notice of confirmation hearing (Mailing Matrix); 4. Order declaring secured claim satisfied/lien avoided pursuant to Fed. R. Bankr. P. 5009(d) (Affected Party, Trustee, UST).

c. Chapter 13. Service and noticing of the following documents are delegated to the debtor:

1. Order on a consensual motion to modify a mortgage (Mortgage Creditor, Trustee); 2. Order declaring secured claim satisfied/lien avoided pursuant to Fed. R. Bankr. P. 5009(d) (Affected Party, Trustee).

d. All Chapters. Service and noticing of the following documents are delegated as specified below:

1. Order on motion confirming the termination of the automatic stay to the movant (Debtor, Debtor's Counsel, Trustee); 2. Notice of a hearing on an Application for Payment of Unclaimed Funds, if an objection is filed pursuant to SC LBR 3011-1(f), to the applicant (Debtor, Trustee, Objecting Parties, UST); 3. Notice required pursuant to Fed. R. Bankr. P. 3004 to the party filing the proof of claim (Holder of the Claim, Debtor, Debtor's Counsel, Trustee); 4. Notice of a hearing on a Request for Tax Information, if an objection is filed pursuant to SC LBR 6070-1, to the applicant (Debtor, Trustee, Objecting Parties, UST); 5. Notice of hearing and order on a motion for expedited, emergency, or temporary relief or to shorten the time period to object to the movant (As Ordered by the Court); 6. Order on application for employment to the applicant (Debtor, Debtor's Counsel, Trustee); 7. Order on motion or application for Fed. R. Bankr. P. 2004 examination to the movant or applicant (Party to be Examined, Debtor, Debtor's Counsel, Trustee, UST); and 8. Any other order or notice the Court or the Clerk's Office specifically delegates.

Notes:

(2020) The rule was substantially revised. Many matters were moved from this rule and added to the exhibits of SC LBR 9013-4. The court will notice orders confirming a plan unless otherwise delegated.

(2023) Paragraph (a) was amended to remove ballots to the plan proponent and notices required under former SC LBR 2081-2.

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

1 Where a notice requires scheduling or a deadline, the noticing party shall contact a Courtroom Deputy for the applicable date if the matter is outside of the scope of SC LBR 9013-4.