Select Court Observations on Practice -The SCOOP October 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

October 2026

• Post-Confirmation Modified Plans. To ensure that the dispute is calendared for a hearing, objections to post-confirmation modified plans should be linked to the Motion to Modify rather than the plan. Additionally, Motions to Modify should be self-scheduled for "Other 13" time slots rather than "Confirm 13" time slots.
• Judge Davis Chambers Policies for Definite Hearings on Motions to Extend/Impose the Automatic Stay. For Motions to Extend Stay pending before Judge Davis, a definite hearing is always required where: (1) a Motion to Temporarily Extend the Stay was filed but would not have been necessary had the Motion to Extend Stay been filed on the petition date; (2) the Trustee has not filed notice of consent; or (3) there is a pending objection. Additionally, a definite hearing is always required where the Motion seeks Imposition of the Stay under 11 U.S.C. § 362(c)(4). When any such hearing remains on the docket for hearing, Judge Davis expects presentation of evidence to support the relief requested. The other judges will likely follow the same policy, with exceptions made on a case-by-case basis.
• Attorney Signature Blocks on Pleadings. There has been an increased incidence of attorney signature blocks lacking required information. Attorney signature blocks on pleadings "must include name, address, telephone number, electronic mail address, United States District Court identification number (where applicable), and any other information as directed by judge, local rule, or order." SC LBR 9011-4(a)(1). Failure to comply may result in a deficiency notice or, if not promptly corrected, the pleading may be stricken.
• Proper Service of Motions to Redeem. Motions to redeem are governed by Fed. R. Bankr. P. 9014, which requires that the motion be served in the same manner as a summons and complaint set forth in Fed. R. Bankr. P. 7004. Failure to comply with Fed. R. Bankr. P. 7004 may result in delay or denial of the motion. Consult Fed. R. Bankr. P. 9014, 7004 Consult Fed. R. Bankr. P. 9014, 7004.
• Order Allowing Payment of Funds to Debtor's Attorney upon Conversion/Dismissal. Proposed Orders Allowing Payment of Funds to Debtor's Attorney upon Conversion/Dismissal submitted pursuant to SC LBR 3070-1 should be filed prior to or at the same time as a notice/motion for conversion or dismissal order. While the proposed order may be filed with the Court in the early stages of the case, the Court will not enter a proposed order until such time as the case is being converted or dismissed..