| Hearings on Motions |
PLEASE SEE Chicago Original Motion/Adversary Schedule or Joliet Original Motion / Adversary Schedule. |
| Telephonic Participation in Hearings |
All requests for telephonic participation must be made to chambers and approved at least (2) business days before the hearing in which telephonic participation is sought. Telephonic participation will not be approved for longer, more involved matters, evidentiary hearings of any kind, or oral arguments. The court's technology is not able to accommodate multiple parties in a case unless those parties arrange to conference each other in before participation in the hearing. In absence of such arrangements, telephonic participation will be permitted to a single party in each case on a first-come, first-served basis. (NOTE: TELEPHONIC PARTICIPATION IS NOT AVAILABLE FOR JOLIET HEARINGS.) |
| Motions Granted Without a Hearing |
Routine motions (as defined in Local Rule 9013-9) will be listed as "Will Be Granted Without a Hearing" on the call sheet for the hearing date.
A. Effect of listing as "Will Be Granted Without a Hearing":
(1) |
If no party requests that the motion be called, it will be granted without hearing in open court. |
(2) |
If a party asks the Courtroom Deputy to call the motion, it will be called. |
(3) |
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. |
B. How to check whether a motion “Will Be Granted Without a Hearing”:
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If a motion “Will Be Granted Without a Hearing,” it will be marked as such in Court Calendar the day before the motion is to be presented. |
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| Courtesy Copies of Motions (copies to be delivered to chambers) |
ONLY:
1) Chapter 11 Fee Applications- Any party filing an application for compensation in a Chapter 11 must provide a courtesy copy to Judge Black’s chambers at least fourteen (14) days before the hearing date. The courtesy copy must include any attachments, exhibits, itemizations, etc., and a proposed order.
2) Any other motion specifically requested by chambers. |
| 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 by the Bankruptcy Court’s 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; and |
| 3. |
State in detail the bases for continuing the stay in effect or imposing the stay. |
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| Motions to Reopen Case to File Debtor's Certification of Postpetition Financial Management Course |
Motions pursuant to 11 U.S.C. § 350 and Bankruptcy Rule 5010 to reopen a Chapter 7 case in order to file the debtor's certification required by Bankruptcy Rule 1007(b)(7) must simultaneously file Official Form B23 and set forth the following:
- the reason the certification was not filed before the case was closed; and
- who [attorney or debtor(s)] paid the fee to reopen the case.
The proposed order attached to the motion shall state that the case is reopened for the purpose of filing the certification and entering the discharge and that the clerk is to close the case thereafter. |
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| Service of Motions |
For all contested matters (as defined in Bankruptcy Rule 9014), the motion or request must be served in compliance with Bankruptcy Rule 7004. Corporations must be served as required under Bankruptcy 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 on a corporation at a P.O. Box to which payments are sent is not sufficient under Bankruptcy Rule 7004(b)(3). |
| 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 Black’s chambers within fourteen (14) calendar days of the hearing on the motion. |
| Motions for Approval of Attorneys’ Fees |
Cases filed under Chapters 7, 11 and 12:
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See Local Bankruptcy Rule 5082-1. |
Cases filed under Chapter 13:
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Fee applications for Debtors’ attorneys in Chapter 13 cases are governed by Local Bankruptcy rule 5082-2 and require 20 days’ notice under Bankruptcy Rule 2002(a)(6) if the fee sought exceeds $1,000. |
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Expenses Sought for Faxes, Copying and Computer Research |
Requests for reimbursement of the following items of expense pursuant to 11 U.S.C. Section 330(a)(1)(B) will be treated as follows:
- Costs associated with facsimile transmissions will be considered overhead included in billing rates absent proof of an actual expense attributable to the particular case in which the request is made.
- Reimbursement of costs associated with photocopying will be limited to 10 cents per page absent proof of actual expense in a greater amount. A detailed itemization of documents photocopied, including, number of pages, must be included.
- Any cost related to use of computer for legal research will be considered overhead included in billing rates absent proof of an actual expense attributable to the particular case in which the request is made. This does not limit requests for compensation for time required of counsel to do the research.
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| Section 523 Adversary Stipulations |
A stipulation and agreed order resolving the adversary, filed at least 14 days before the next hearing date, will terminate all future hearing dates and, upon entry of the agreed order, close the adversary. |
Procedures for
Informal Mediation of Colleagues’ Cases |
In lieu of the provisions of Local Rule 9060-3, when another Judge has referred a case to Judge Black for mediations, the following Guidelines will apply:
| 1. |
The parties must agree to make a good faith attempt to settle through mediation and must attend, personally or through a representative with authority to negotiate and settle the disputes, the scheduled mediation. |
| 2. |
At least two business days before the scheduled mediation each party must provide chambers with a position statement not to exceed five pages. Unless the parties agree that the statements are confidential, copies should be sent to each party’s counsel. The statement must NOT be filed with the court. |
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| Discovery Motions |
Judge Black enforces Local Rule 7037-1. |
| Pretrial Procedures |
At the first status on adversary proceedings, pursuant to Bankruptcy Rule 7026, Judge Black usually requires the parties to hold a Rule 26(f) conference and file a Rule 26(f) report with proposed discovery deadlines. At the second status Judge Black usually sets discovery deadlines and schedules a status hearing after the discovery cut-off. At the status hearing after discovery has closed, a date (often within one month) for delivery of a Joint Pretrial Statement and a trial date (generally within two months) will usually be set. |
| Trial Procedures |
Below are some of the ground rules Judge Black asks lawyers to observe during a trial before him. The list is not exclusive. When in doubt be guided by your good sense and spirit of professionalism. Or ask.
A. CONDUCT OF COUNSEL IN GENERAL
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A-1 |
Counsel should make every effort not to waste time. This includes arriving on time, ready to proceed. It also requires sharing information with the other side about order of witnesses, objections to exhibits, etc. |
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A-2 |
Try to anticipate evidentiary disputes. They should be dealt with in advance through motions in limine. Any authority for your position should be included as part of the motion. |
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A-3 |
Lawyers should not address each other directly. All remarks should be made directly to the Judge or to the witness. |
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A-4 |
If you wish to go off the record, ask the Judge for permission to do so. Lawyers should not attempt to instruct the court reporter to stop writing or to start writing. |
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A-5 |
If you plan to use audio or video equipment, ask a day or more in advance. Make sure everything is ready before court begins. |
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A-6 |
Never waive your opening statement. At the very least, tell the Judge what the issues are to be decided, and which party has the burden of proof, no matter how clearly you think the matters are set forth in the pleadings. |
B. OBJECTIONS
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B-1 |
When you make an objection, state the basis for it briefly and in a non-argumentative way. |
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B-2 |
If you feel argument is necessary, ask for permission. |
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B-3 |
Once an objection is made, before proceeding to another question, the questioner should either wait for a ruling or ask to withdraw the pending question. |
C. EXAMINATION OF WITNESSES
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C-1 |
Be considerate of the court reporter. Take turns talking. Do not place a new question before the witness completes the answer to the pending one. Tell your witness to avoid overlapping, too. |
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C-2 |
Lawyers should not instruct a witness during the testimony. If you believe a witness needs instruction, such as speaking louder or answering in a responsive way, direct your request to the Judge. |
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C-3 |
Similarly, do not, for any purpose, instruct a witness to leave the witness stand. If you believe leaving the stand is appropriate, ask the Judge to so instruct the witness. |
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C-4 |
Lawyers should not instruct the court reporters. If you have not heard an answer given by a witness, or if for any reason you want a question or an answer repeated by the court reporter, direct your request to the Judge. Ordinarily, the Judge will not ask a court reporter to read a question to which an objection was overruled or withdrawn. |
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C-5 |
When you have completed your questioning of a witness, tell the Judge. Do not say “your witness” or anything else to opposing counsel. |
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C-6 |
When more than one attorney represents one party, only one of the attorneys may examine each witness, and only the examining attorney may object to opposing counsel’s questions of that witness. |
D. EXHIBITS
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D-1 |
Always pre-mark your exhibits and exchange them with the opposing counsel. |
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D-2 |
Each item, including pages, in a group exhibit must be marked. For example, Group Exhibit A might consist of ten pages, marked A-1 through A-10. |
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D-3 |
Each time you refer to an exhibit, or have a witness do so, identify the exhibit by exhibit number.. |
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D-4 |
See Local Rule 9070-1, Custody of Exhibits. |
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