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
July 2026
- Recent Supreme Court Cases. The Supreme Court of the United States has recently issued opinions that impact bankruptcy practice. Consult Keathley v. Buddy Ayers Constr., Inc., 608 U.S. __, 2026 WL 1686028 (June 11, 2026) (regarding judicial estoppel and a debtor’s failure to disclose a claim against a third party to the bankruptcy court that the debtor asserted in another forum); T. M. v. Univ. of Md. Med. Sys. Corp., 608 U.S. __, 2026 WL 1751823 (June 18, 2026) (regarding the Rooker-Feldman doctrine and a party’s request that a federal district court review and reject a state-court judgment that remained subject to further review in state appellate proceedings).
- Exhibits in Trials and Contested Hearings. The Court reminds the bar that, in trials and contested hearings, attorneys should arrive in advance of the trial or hearing to have exhibits marked for identification by the Courtroom Deputy, and must bring the original and at least three (3) copies to the trial or hearing (if necessary, additional copies must be brought to ensure there are enough available for all opposing counsel or parties and the Court). Consult SC LBR 9070-1(b).
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Chapter 11 Plan Confirmation. Last-minute changes that affect creditors’ rights to participate in the confirmation process may result in continued hearings and delays, even when no other objections to the plan remain outstanding. Moreover, simply marking claims as “disputed” in the plan generally is not a substitute for filing timely claim objections under Fed. R. Bankr. P. 3007. Consult In re Appliance Pro, LLC, C/A No. 26-00132-eg, ECF No. 89 (Bankr. D.S.C. June 25, 2026).