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Select Court Observations on Practice - The SCOOP April 2026

Thursday, April 9, 2026

The Judges, Clerk of Court, Chief Deputy Clerk, and staff offer these Select Court Observations on Practice (the “SCOOP”) highlighting common errors and helpful pointers to assist with your bankruptcy work. New content will be collected and posted at least quarterly and thereafter can be found on the Court’s website by word searching SCOOP in the upper right hand corner search box.

 THE SCOOP

April 2026

  • Updated Non-Standard Language in Chapter 13 Conduit Plans.   The Court recently updated the non-standard language for Chapter 13 conduit plans, which includes the following: “If funds are not available, the Trustee will notify Debtor’s attorney in writing that the Notice will need to be paid directly by the debtor unless the plan is modified to increase funding.” The Court has noticed some parties fail to include this new language. Consult SC LBR 3015-1(b)(2)(A) and the Approved Non-Standard Language for Conduit Mortgage Plans local form.

  • Duty to Review Citations for Accuracy.  The Court reminds the bar that attorneys are required to ensure the accuracy of all citations included in pleadings filed with the Court, regardless of whether those citations are generated by artificial intelligence. Consult Fed. R. Bankr. P. 9011(b); Tisdale-Richburg v. Glyndon Square LLC (In re Richburg), C/A No. 25-01297-eg, Adv. Pro. No. 25-80037-eg, slip op. (Bankr. D.S.C. Aug. 27, 2025); In re Nwaubani, No. 25-9517, 2026 WL 687194 (4th Cir. Mar. 11, 2026).

  • Requests to Temporarily Extend the Automatic Stay.   While the Court has implemented a CM/ECF event to facilitate a request for temporary extension of the automatic stay, its only purpose is for administrative efficiency when a self-scheduled hearing under SC LBR 9013-4 is not feasible within the thirty (30) days prescribed by the Bankruptcy Code and is not intended to modify, circumvent, or override the statutory requirements of 11 U.S.C. § 362(c)(3).

  • Motions to Restrict Access.   Pursuant to SC LBR 9037-1(a), motions to restrict access must contain “specific information detailing how the pleading violates Fed. R. Bankr. P. 9037.” Motions that fail to plead with specificity the unredacted privacy information may require a hearing or be denied.