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
January 2026
- Local Rule 5075-1 Delegations of Notice and Service and Docket Text. It is the filer’s responsibility to consult SC LBR 5075-1 regarding delegation of noticing and service of orders. While the CM/ECF docket text may prompt the filer to serve the order as a courtesy by including the note “Notice and service of this event is delegated pursuant to SC LBR 5075-1,” filers should also consult the delegation lists in 5075-1, any instructions set forth in the order, and Exhibits A and B to SC LBR 9013-4.
- Importance of Accurate Information in Voluntary Petition. At the end of each official voluntary petition form, usually immediately before the signature, is a series of questions asking about a Debtor’s estimated number of creditors, assets, and liabilities. It is important that this information is as accurate as possible. Federal Judicial resources are often allocated using measurements that draw information from these initial filings. Information found in subsequently filed schedules and amendments likely will not be captured and considered for those purposes.
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Settlements Authorizing Disbursement of Proceeds and SC LBR 3015-8. In Chapter 13 cases, debtors often enter post-confirmation settlements with insurance companies to deal with proceeds from damaged assets and the payment of outstanding liens paid under the plan. Filing a proposed order without any notice to the affected parties may delay consideration of the request, as the judge may enter an order mandating proper notice to the affected parties. To expedite consideration, a motion may be necessary with notice to the affected creditor, the Trustee, the insurance company, and the Debtor. Consult SC LBR 3015-8, 9013-4 and Fed. R. Bankr. P. 4001 and 9019 to determine if notice and/or Court approval is necessary.
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Requests for Continuances or Remote Appearance. For CM/ECF filers, a consensual request to continue a hearing may be made using the “Request for Continuance” event in CM/ECF. A non-consensual request or a request by a party appearing pro se may be made by filing and serving a written motion. All requests to continue must be made as soon as possible and no later than 10:00 a.m. on the business day prior to the hearing. For CM/ECF filers, a consensual request to appear at a hearing by telephone or video must generally be made by filing the “Request to Appear Remotely” event in CM/ECF. For non-consensual requests and for parties appearing pro se, the request is made by filing and serving a written motion. All requests to appear remotely must be made as soon as possible and no later than two (2) business days before the date of the hearing. Consult Chambers Guidelines.
- Certificates of Service. The Court reiterates its guidance in the July 2025 SCOOP regarding Certificates of Service and the Mailing Matrix. Any parties failing to utilize the CM/ECF Mailing Matrix for Certificates of Service may have their matter set for hearing to ensure proper service was made. When outsourcing to third-party service providers, those entities should also utilize the Mailing Matrix. There is no need to type the list from scratch, which may result in oversight and errors in transcription. The Mailing Matrix is easily accessible in label-friendly print in CM/ECF by selecting “Reports” and then “Mailing Matrix by Case.”