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General Orders

General Order 2007-7

(posted October 19, 2007; Amended per General Order 2009-1)

Order Extending Time to File Notice of Intent to Request Redaction and Statement of Redaction

Pursuant to the policy of the Judicial Conference of the United States regarding Electronic Availability of Transcript of Court Proceedings, the Court will allow an attorney for a person, or a pro se litigant, about whom private information is disclosed in a proceeding to request redaction of personal data identifiers from a transcript before it is made available to the public on CM/ECF. Such personal data identifiers include: Social Security numbers; financial account numbers; full dates of birth; full names of minor children; and full home addresses (in criminal cases). The policy of the Judicial Conference of the United States regarding Electronic Availability of Transcript of Court Proceedings sets a deadline of five (5) business days from the filing date of the transcript to file a Notice of Redaction and twenty-one (21) days to file a Statement of Redaction. The Court having determined that additional time is needed for parties to receive adequate notice and opportunity to exercise this right;

IT IS HEREBY ORDERED that any attorney for a party, or pro se litigant, desiring redaction of personal information as set forth above shall file a Notice of Intent to Request Redaction with the Clerk of Court within ten (10) days of the notice of the filing of a transcript. Upon the filing and Notice of Intent to Request Redaction, the party has thirty (30) days to review and mail to the court reporter a Statement of Redaction setting forth the specific pages and specific personal data identifiers to be redacted. Said Statement SHALL NOT be electronically filed.

Dated this 17th day of October, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

General Order 2008-2

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("the Act") was enacted into law on April 20, 2005, and the Judicial Conference of the United States prepared Interim Bankruptcy Rules for cases filed on or after October 17, 2005 ("Interim Rules"), to implement the substantive and procedural changes mandated by the Act.

On October 13, 2005, upon the recommendation of the Committee on Rules of Practice and Procedure of the Judicial Conference, the Bankruptcy Court for the Southern District of Georgia adopted these Interim Rules in General Order 2005-2.

New rules and amendments to the Federal Rules of Bankruptcy Procedure will take effect on December 1, 2008, and will supercede the Interim Rules.

IT IS THEREFORE ORDERED that General Order 2005-2 is vacated as of December 1, 2008.

Dated this 21st day of November, 2008.

Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

General Order 2008-3

Regarding Interim Bankruptcy Rule 1007-I and Amended Bankruptcy Form 22A

On October 20, 2008, the President signed the National Guard and Reservists Debt Relief Act of 2008, Pub.L.No.110-438. The Act, which amends section 707(b)(2)(D) of the Bankruptcy Code, provides a temporary exclusion from the bankruptcy means test for certain members of the National Guard and reserve components of the Armed Forces called for no less than ninety (90) days to active duty or homeland defense activity. The amendment applies only to cases commenced in the three-year period beginning on December 19, 2008, the effective date of the Act. 

In conjunction with this Act, the Judicial Conference of the United States has approved Interim Bankruptcy Rule1007-I, and an amendment to Official Form 22A, Statement of Current Monthly Income and Means Test Calculation. The amended form includes a new Part IC for qualifying debtors to invoke the exclusion from the means test. Coinciding with the effective date of the Act, the amended form will be effective on December 19, 2008. 

IT IS ORDERED that Interim Bankruptcy Rule1007-I, as set forth in Attachment A, shall apply to cases and proceedings in this Court effective December 19, 2008, and absent further order of this Court shall remain in effect until replaced by an amended Bankruptcy Rule.

Dated this 16th day of December, 2008.

Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

General Order 2009-1

Order Amending Time Deadlines in Local Rules and General Orders.

On March 26,2009, the Supreme Court approved changes to Federal Rule of Bankruptcy

Procedure 9006 as well as changes to similar appellate, civil, and criminal rules, which address the manner by which time is calculated in the federal courts. On May 7,2009, the Statutory Time Period Technical Amendments Act of 2009 was enacted (Pub. L. No. 111-016). The law adjusts the time periods in twenty-eight statutes, including nine sections of the Bankruptcy Code, which are impacted by the upcoming federal rule changes. Both the statutory and rule changes will take effect on the same date, December 1, 2009.

Under the current federal rules, intermediate weekends and holidays are excluded when calculating time periods fewer than eight days. The amended rules count intermediate weekends and holidays for all time periods. In addition, deadlines of fewer than thirty days will be amended to substitute a deadline that is a multiple of seven days so that the expiration of the deadline ordinarily will occur on a weekday.

In connection with the upcoming federal rule changes, this Court has reviewed Local

Bankruptcy Rules as well as all General Orders that are in effect as of the date of this Order. As a result,

IT IS HEREBY ORDERED that, effective December 1,2009, Local Bankruptcy Rules

and General Orders will be amended to be consistent with the federal rules changes, and all time periods of fewer than thirty days will be amended to substitute a deadline that is a multiple of seven days. Specifically, the time periods set forth in the following Local Rules and General Orders will be amended as follows:

Local Bankruptcy Rule 1007-1, Filing of Lists, Schedules and Statements, Dismissal of Case: time period of fifteen days is amended to fourteen days.

General Order 2007-8, Order Directing Clerk to Send Notice Required Under 11 U.S.C. § 727(a)(12), 1228(f), and 1328(h): time period often days is amended to fourteen days.

General Order 2007-7, Order Extending Time to File Notice of Intent to Request Redaction and Statement of Redaction: time periods of five days and ten days are amended to seven days and fourteen days, respectively.

(Form Associated with) General Order 2007-5, Notice of Time to Object to a Finding of Debtor's Compliance with the Requirements of 11 U.S.C. § 52 1(i): time period of twenty days is amended to twenty-one days.

General Order 2007- 4 (and Associated Forms), Amendment of ECF Local Rule 7 and Debtor's Declaration Regarding Electronic Filing: time period of fifteen days is amended to fourteen days.

(Notice Associated with) General Order 2005-1 , Appropriate Use of Negative Notice: time periods of ten and twenty days are amended to fourteen and twenty-one days, respectively.

Dated this 20th day of November, 2009.

Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

General Order 2010-1

Electronic Case Files and Administrative Procedures

Federal Rule of Bankruptcy Procedure 5005(a)(2), authorizes the Court to establish practices and procedures for filing, signing, and verifying documents by electronic means.

IT IS THEREFORE ORDERED:

1. Effective November 4, 2005, documents may be filed, signed, and verified by electronic and other means to the extent and in the manner required and authorized by previous General Order 2005-7, Order Adopting Case Management/Electronic Case Files System (CM/ECF) and Local Bankruptcy Rules for Electronic Case Files.

2. Effective October 1, 2010, absent good cause shown and the permission of the Court, attorneys in good standing admitted to practice before this Court, to include attorneys admitted pro hacvice, will file, sign, and verify documents only by electronic means to the extent and in the manner authorized by this General Order, and the Administrative Procedures attached hereto as Exhibit A, Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means in the United States Bankruptcy Court for the Southern District of Georgia (Administrative Procedures).

3. Attorneys not admitted to practice in the Southern District of Georgia, and other non-attorney filers such as creditors, may request limited user access to file documents by electronic means to the extent and in the manner authorized by this General Order and the Administrative Procedures.

4. The official record of the Court as required by Fed. R. Bankr. P. 5003 shall be the electronic file maintained by the Court and such paper files as are permitted by the Administrative Procedures.

5. The Clerk's Office will implement and publish the Administrative Procedures, register attorneys, and issue individual logins and passwords consistent with those procedures to permit electronic filing and notice of pleadings and other documents.

6. Pro se litigants who are not attorneys in good standing admitted to the Bar of this Court must file documents with the Court in paper form.

7. The electronic filing of a petition, pleading, motion, or other paper by an attorney who is a registered participant in the Court's Electronic Case Files System shall constitute the signature of that attorney for purposes of the application of Federal Rule of Bankruptcy Procedure 9011 and other applicable rules. The attorney whose login and password are used to accomplish an electronic filing certifies that the attorney and the attorney's law firm have authorized the filing.

8. No attorney shall knowingly permit or cause to permit his/her login or password to be used by anyone other than an authorized employee of his/her law firm.

9. The electronic filing of a pleading or other paper in accordance with the Court's

Administrative Procedures shall constitute entry of that pleading or other paper on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure.

10. Electronic filing does not alter the filing deadline for that document.

11. The Clerk's Office shall enter all orders, decrees, judgments, and proceedings of the Court in accordance with the Administrative Procedures, which shall constitute entry of the orders, decrees, judgments, and proceedings on the docket kept by the Clerk under the Federal Rules of Bankruptcy Procedure. Any order filed with the electronic signature of a judge shall have the same force and effect as if the judge had affixed his or her signature to a paper order.

12. An attorney filing a pleading or other paper electronically shall serve the Notice of Electronic Filing (NEF) by electronic means and such service will be considered the equivalent of service of the pleading or other paper by first class mail, postage prepaid. This form of service applies only to recipients of the notice or service who are registered participants in the Electronic Case Files (ECF) system or have agreed in writing with the filer to accept such service in lieu of service by first class mail. For all remaining recipients of service or notice unable to receive an electronic notice, the filing party shall serve the pleading or paper upon all such entities in accordance with applicable bankruptcy rules. When mailing paper copies of documents that have been electronically filed, the filing party must include the "Notice of Electronic Filing" to provide the recipient with proof of the filing.

13. Receipt of an Electronic Case Files (ECF) login and password constitutes a request for electronic service and electronic notice pursuant to the Federal Rules of Bankruptcy Procedure.

14. An attorney filing a Verified Pleading should thereafter ma inta in in his or her office the original Verified Pleading in its entirety for at least five (5) years after the conclusion of all appeals or the expirat ion of time for filing a timely appeal, whichever is later. The filing of a Verified Pleading constitutes a representation by the attorney who files it that the attorney has in his or her possession at the time of filing the fully executed original Verified Pleading and that he or she agrees to maintain it for the five (5) year period set forth above. A pleading or document that a person signs and thereby verifies, certifies, declares, affirms, or swears under oath or penalty of perjury concerning the truth of the matters set forth in that pleading or document is a "Verified Pleading."

15. This Order vacates General Order 2005-7 (Order Adopting Case Management/Electronic Case Files System (CM/ECF) and Local Bankruptcy Rules for Electronic Case Files (ECF) and General Order 2007-4 (Amendment of ECF Local Rule 7 and Debtor's Declaration Regarding Electronic Filing).

16. This Order is effective October 1, 2010, and shall be published together with Exhibit A, Administrative Procedures for Electronic Filing, and Exhibit B, ECF Local Rules for the Southern District of Georgia.

Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

Dated this 29th day of September, 2010.

General Order 2010-2

Order Permitting Chapter 13 Trustee to Approve

Real Estate Loan Modification and the Incurring of Debt

The Court recognizes that after the filing of a petition under chapter 13 of the bankruptcy code it may be necessary for a debtor to enter into agreements with creditors to modify security interests in real property of the debtor or to incur consumer debt to obtain goods or services necessary to the debtor's performance under a chapter 13 plan . As set forth in 11 U. S. C. § 1305(c), where prior approval of the trustee is practicable to obtain,

IT IS HEREBY ORDERED that the case trustee is authorized, without further order of this

Court, to grant permission to the debtor to enter into agreements to modify a security interest in the debtor's real property or to incur debt as set forth in 11 U. S. C. § 1305. Nothing in this General Order is to prevent the trustee from denying a request from the debtor to so modify or to incur debt, or prevent the debtor from filing a motion seeking Court approval of a debtor's request to so modify or to incur debt. Applications depicting the approval of the chapter 13 trustee to so modify or to incur debt may be filed with the Clerk 's office in accordance with the Court's filing procedures.

Susan D. Barrett
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge 

John S. Dalis
United States Bankruptcy Judge

Dated this 19th day of November, 2010.

General Order 2010-3

Attorney Compensation

To fulfill the requirements of 11 U.S.C. §330(a), the Court periodically reviews the reasonableness of compensation awarded by the Court to counsel representing Chapter 13 debtors. Having conducted such periodic review, IT IS THEREFORE ORDERED that:

1) General Order 2007-6 filed March 1, 2007, is vacated.

2) The Court has not reviewed the relevant factors to support Chapter 13 fee awards in over three years. A hearing has been held and evidence presented in the case of In re McDonald, chap. 13 case no. 09-10284 (Bankr. S.D. Ga. Oct. 1, 2010). The evidence proves that the prevailing hourly rate for counsel practicing in the Southern District of Georgia for attorneys of comparable skill, expertise, and reputation has increased over that period of time in a significant amount.

The evidence also establishes that the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") amendments, effective October 17, 2005, have had a material effect on the amount of time attorneys must devote to the representation of a Chapter 13 debtor in a professional manner consistent with the standards of practice prevailing in this District.

3) Effective in all Chapter 13 cases filed on or after January 1, 2011, a claim for attorney's fees for services rendered and expenses advanced to a Chapter 13 debtor will be deemed automatically approved by the Court, in the absence of an objection, so long as said claim does not exceed the sum of three thousand dollars ($3,000.00). The $3,000.00 fee contemplates appearance by counsel of record for the debtor at the §341 meeting and all hearings.

4) Debtors' counsel are directed to file written statements pursuant to Federal Rule of Bankruptcy Procedure 2016(b) disclosing the fee arrangement with their clients. Debtors' attorneys may represent debtors for a lesser amount in appropriate cases when the amount and nature of the debts or other relevant factors result in the expenditure of substantially less attorney time than a typical case.

In the event a debtor's attorney subsequently determines that an award of $3,000.00 does not adequately compensate the attorney for legal services rendered, the attorney may petition for reasonable attorney's fees disclosing all time expended in such representation from the beginning of the case under the standards set forth in 11 U.S.C. §330 and Norman v. Housing Authority of the city of Montgomery, 836 F. 2d 1292 (11th Cir. 1988). 

Susan D. Barrett
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge 

John S. Dalis
United States Bankruptcy Judge

Dated this 22nd day of December, 2010.

General Order 2012-1

Implementing Federal Rule of Bankruptcy Procedure 3002.1

This order is promulgated to provide for the uniform implementation of Rule 3002.1 of the Federal Rules of Bankruptcy Procedure, which became effective on December 1, 2011.

Pursuant to Rule 3002.1 (c), the holder of a claim that is secured by a security interest in the debtor's principal residence and is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5)

shall file and serve on the debtor, debtor's counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtor's principal residence.

IT IS HEREBY ORDERED that the chapter 13 trustee shall not pay any fees, expenses, or charges disclosed by a creditor pursuant to Rule 3002.1(c) unless the debtor's plan is modified after the filing of the notice to provide for payment of such fees, expenses, or charges.

Rule 3002.1 (f) states that 

[w]ithin 30 days after the debtor completes all payments under the plan, the trustee shall file and serve on the holder of the claim [that is secured by a security interest in the debtor's principal residence and is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5)], the debtor, and debtor's counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim.

IT IS FURTHER ORDERED that the chapter 13 trustee shall file the form notice attached hereto and entitled "Notice of Completion of Plan Payments and Notice of Final Cure Payment" within 30 days after the debtor's completion of plan payments.

IT IS FURTHER ORDERED that upon the granting of stay relief in favor of a creditor that holds a claim secured by a security interest in the debtor's principal residence and that is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5), further compliance with the requirements of Rule 3002.1 are waived as to such creditor and as to the chapter 13 trustee.

Susan D. Barrett
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Dated this 4th day of December, 2012.
Savannah, Georgia

General Order 2012-2

Order Regarding Deposit and Investment of Registry Funds

The Court, having determined that it is necessary to adopt local procedures to ensure uniformity in the deposit and investment of funds in the Court's Registry, 

IT IS HEREBY ORDERED that the following shall govern the receipt, deposit and investment of registry funds: 

I. Receipt of Funds

A. No money shall be sent to the Court or its officers for deposit in the Court's registry without a court order signed by the presiding judge in the case or proceeding. 

B. The party making the deposit or transferring funds to the Court's registry shall serve the order permitting the deposit or transfer on the Clerk of Court. 

C. Unless provided for elsewhere in this Order, all monies ordered to be paid to the Court or received by its officers in any case pending or adjudicated shall be deposited with the Treasurer of the United States in the name and to the credit of this Court pursuant to 28 U.S.C. § 2041 through depositories designated by the Treasury to accept such deposit on its behalf. 

II. Investment of Registry Funds 

A. Where, by order of the Court, funds on deposit with the Court are to be placed in some form of interest-bearing account, the Court Registry Investment System ("CRIS"), administered by the Administrative Office of the United States Courts under 28 U.S.C. § 2045, shall be the only investment mechanism authorized. 

B. The Director of Administrative Office of the United States Courts is designated as custodian for CRlS. The Director or the Director's designee shall perform the duties of custodian. Funds held in the CRIS remain subject to the control and jurisdiction of the Court. 

C. Money from each case deposited in the CRlS shall be "pooled" together with those on deposit with Treasury to the credit of other courts in the CRIS and used to purchase Government Account Series securities through the Bureau of Public Debt, which will be held at the Treasury, in an account in the name and to the credit of the Director of Administrative Office of the United States Courts. The pooled funds will be invested in accordance with the principals of the CRIS Investment Policy as approved by the Registry Monitoring Group.

D. An account for each case will be established in the CRIS titled in the name of the case giving rise to the investment in the fund. Income generated from fund investments will be distributed to each case based on the ratio each account's principal and earnings has to the aggregate principal and income total in the fund. Reports showing the interest earned and the principal amounts contributed in each case will be prepared and distributed to each court participating in the CRIS and made available to litigants and/or their counsel. 

III. Deductions of Fees 

A. The custodian is authorized and directed by this Order to deduct the investment services fee for the management of investments in the CRIS and the registry fee for maintaining accounts deposited with the Court. 

B. The investment services fee is assessed from interest earnings to the pool according to the Court's Miscellaneous Fee Schedule and is to be assessed before a pro rata distribution of earnings to court cases. 

C. The registry fee is assessed by the custodian from each case's pro rata distribution of the earnings and is to be determined on the basis of the rates published by the Director of the Administrative Office of the United States Courts as approved by the Judicial Conference of the United States.

IV. Transition from Former Investment Procedure 

A. The Clerk of Court is further directed to develop a systematic method of redemption of all existing investments and their transfer to the CRIS. 

B. Parties not wishing to transfer certain existing registry deposits into the CRIS may seek leave to transfer them to the litigants or their designees on proper motion and approval of the judge assigned to the specific case. 

C. This Order supersedes and abrogates all prior orders of this Court regarding the deposit and investment of registry funds. 

Dated this 4th day of December, 2012.

Savannah, Georgia

Susan D. Barrett
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge 

General Order 2013-1

IT IS HEREBY ORDERED that when a Chapter 13 plan is filed, the Trustee will direct the debtor’s employer to withhold from debtor’s wages an amount equal to the proposed payments under the debtor’s plan. Debtor’s employer will act on the Trustee’s Notice to Commence Withholding as provided for in this Order. 

If the debtor does not wish to be subjected to wage withholding, a motion must be submitted with the petition for direct pay to the Trustee setting forth why wage withholding would not be in the best interest of the debtor, the creditors, or the Chapter 13 Trustee. Absent the filing of such a motion, withholding will commence the first pay period following the filing of the plan and service of the Notice to Commence Wage Withholding on the debtor’s employer. 

The debtor shall notify the Chapter 13 Trustee of any changes in employment and/or withholding subsequent to the filing of the plan whereby the Chapter 13 Trustee shall file an amended Notice to Commence Wage Withholding with the Court.

IT IS FURTHER ORDERED that General Order 2007-2, Chapter 13 Plan Payments, filed March 2, 2007, is vacated.

Susan D. Barrett
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

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