Judge Baer General Information

Judge Janet S. Baer- General Information

Courtroom 615
Chambers: (312) 435-6054
Courtroom Deputy: (312) 435-5653

Chambers:

Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
662
Chicago, IL 60604

Staff:

Anthony Watson
Courtroom Deputy

Naomi Kogan Dein
Law Clerk

Matthew Stockl
Law Clerk

Procedures for Cases Assigned to Judge Janet S. Baer

Hearings on Motions

PLEASE SEE MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE NOT SITTING

Motions in Chapter 7 and 11 Cases:

Original Motions	Mondays, Tuesdays and Wednesdays at 9:30 a.m.
Continued Motions and Set Matters	Mondays, Tuesdays and Wednesdays at 10:00 a.m.
Adversary Status	Mondays, Tuesdays and Wednesdays at 10:00 a.m.
Trustee's Final Reports and Accounts	Tuesdays at 10:00 a.m.

Motions in Chapter 13 Cases:

Trustee's Motions	Thursdays at 9:30 a.m.
Original (New) Motions	Thursdays at 09:30 a.m.
Continued Motions and Set Matters	Thursdays at 10:00 a.m.
Adversary Status	Thursdays at 10:00 a.m.
Confirmation Hearings	Thursdays at 10:30 a.m.
Application For Compensation for Chapter 13 cases	Thursdays at 10:30 a.m.

Motions Granted Without a Hearing

1. Routine motions (as defined in Local Rule 9013-9) and other motions to which no objection is expected may be listed as “Will Be Granted Without a Hearing” on the call sheet for the hearing date.

2. In addition to routine motions, the following motions may also be listed as “Will Be Granted Without a Hearing” on the call sheet for the hearing date:

A. Motions for relief from the automatic stay, in Chapter 7 cases, where the motion alleges that stay relief is warranted because the debtor has no equity in the collateral and the trustee has filed a no-asset report. This procedure does not apply to motions for relief from the stay in Chapter 7 cases where the request for relief is based on something other than the debtor's lack of equity in the property.
B. Motions for relief from the automatic stay, in Chapter 13 cases, where the motion alleges that stay relief is warranted because the debtor has no equity in the collateral and the debtor intends to surrender the collateral. This procedure does not apply to motions for relief from the stay in Chapter 13 cases where the request for relief is based on something other than the debtor's lack of equity in the property.

Please note: These procedures do not apply to motions for relief from stay in Chapter 11 cases.

3. Effect of listing as “Will Be Granted Without a Hearing”:

A . If no party requests that the motion be called, it will be granted without hearing in open court.
B . If a party asks the Courtroom Deputy to call the motion, it will be called.
C . If the motion is called, the court will either grant the motion over the objection or continue it to give the movant an opportunity to be heard.

4. How to check whether a motion “Will Be Granted Without a Hearing”:

If a motion “Will Be Granted Without a Hearing,” it will be marked as such in the Court Calendar by no later than 4:00 p.m. the day before the motion is to be presented. The Court Calendar for Judge Baer is on the court’s web site.

Courtesy Copies of Motions
(copies to be delivered to
chambers)

None requested.

Motions for Relief from
Automatic Stay

All motions for relief from the automatic stay must be accompanied by a Required Statement to Accompany All Motions for Relief From Stay, as required in by Local Rule 4001-1(A).

Motion to Continue Stay in Effect

Motions to continue the automatic stay in effect pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay under § 362(c)(4) should:
1. State the case number of previous cases dismissed within one year of the filing of the present case;
2. Include copies of Schedules I and J from previous cases dismissed within one year of the filing of the present case, and Schedules I and J from the current case.
3. State in detail the bases for continuing the stay in effect or imposing the stay; and
4. Be accompanied by a factual affidavit from the Debtor(s) explaining the reasons why each of the previous cases was dismissed and why the automatic stay should be continued, extended, or imposed in the present case.

Draft Orders to Follow

When a motion has been heard by the court and the party seeking relief is to present a draft order after the hearing, the motion may be denied if the order is not received in Judge Baer's chambers within fourteen (14) calendar days of the hearing on the motion.

Procedures for Scheduling and Conducting Hearings on Motions in Same Case

When another motion or related matter in the same bankruptcy case has already been set for hearing at a designated time, counsel for a moving party may use the same time for new motions as the previously set matter. In the event that two or more motions in the same bankruptcy case are scheduled to be heard at different times on the same date, the earlier motion(s) shall be heard with the latest pending motion.

Service of Motions

For all contested matters (as defined in Bankruptcy Rule 9014), the motion or request must be served in compliance with Rule 7004. Corporations must be served as required under Rule 7004(b)(3) on an officer, managing or general agent, or on any agent authorized by appointment or by law to receive service of process. Service of a corporation at a P.O. Box to which payments are sent is not sufficient under Rule 7004(b)(3).

Motions for Approval of
Attorneys’ Fees

Cases filed under Chapters 7, 11 and 12:
All attorneys or other professionals in cases filed under Chapters 7, 11 and 12 seeking approval of their fees must submit an itemization of their time in tenths of an hour and in the format required under Local Rule 5082-1

Cases filed under Chapter 13:
All attorneys seeking approval of their fees in Chapter 13 cases must file an application with an itemization of their time in tenths of an hour, unless a flat fee is authorized pursuant to Local Rule 5082-2.

Pretrial Procedures

Discussed in open court on a case by case basis.

Emergency Motions

See General Order No. 12-01.

Trial Procedures

Pursuant to trial order entered and/or discussed in open court.

Telephonic Participation in Hearings

See Telephonic appearance procedures for Judge Baer's cases