Judge Janet S. Baer- General Information
Chambers: (312) 435-6054
Courtroom Deputy: (312) 435-5653
|Naomi Kogan Dein
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:
Motions in Chapter 13 Cases:
|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.
Please note: These procedures do not apply to motions for relief from stay in Chapter 11 cases.
A . If no party requests that the motion be called, it will be granted without hearing in open court.
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
|Motions for Relief from
|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:
|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
Cases filed under Chapters 7, 11 and 12:
|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|