Court offers new guidance for bankruptcy practices in January 2026 SCOOP update

Timothy M. Cain U.S. District chief judge at District Court for the District of South Carolina Aiken District chief judge
Timothy M. Cain U.S. District chief judge at District Court for the District of South Carolina Aiken District chief judge
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The U.S. District Court for the District of South Carolina Aiken District has released a set of observations and reminders intended to help legal professionals with bankruptcy filings. The guidance, called the Select Court Observations on Practice (SCOOP), addresses common mistakes and offers practical tips. This information is updated quarterly and can be found by searching “SCOOP” on the court’s website.

One key area highlighted in the SCOOP is Local Rule 5075-1, which covers delegations of notice and service as well as docket text requirements. Filers are reminded that they are responsible for consulting SC LBR 5075-1 when it comes to serving orders, regardless of prompts provided by CM/ECF docket text. They should also check delegation lists within 5075-1, any instructions included in specific orders, and Exhibits A and B to SC LBR 9013-4.

Another point addressed is the need for accurate information in voluntary petition forms. According to the court, “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.” The statement continues: “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.”

Regarding settlements authorizing disbursement of proceeds in Chapter 13 cases, the SCOOP notes that filing a proposed order without notifying affected parties can delay proceedings. The guidance states: “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 speed up review, motions should be filed with notice given to all relevant entities including creditors, trustees, insurance companies, and debtors.

For requests involving continuances or remote appearances at hearings, different procedures apply depending on whether requests are consensual or non-consensual and whether filers use CM/ECF or appear pro se. All requests must be made promptly—continuance requests no later than 10:00 a.m. on the business day prior to a hearing; remote appearance requests at least two business days before.

The court also restates its previous advice about Certificates of Service from its July 2025 SCOOP edition: “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.” Outsourced third-party service providers are expected to use this matrix as well.

These ongoing updates aim to improve accuracy and efficiency in bankruptcy proceedings handled by practitioners in South Carolina.



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