| Hearings on Motions |
PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE LYNCH IS NOT SITTING
| Motions in Chapter 7 Cases: |
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Original (New) Motions and Involuntary Petitions: |
Mondays and Wednesdays at 9:30 a.m. |
| Motions in Chapter 11 Cases: |
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All Chapter 11 matters, including Involuntary Petitions |
Wednesdays at 10:30 a.m. |
| Motions in Chapter 12 Cases: |
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Alternate Fridays at 1:30 p.m. (Please consult the "Motion/Adversary Schedule" portion of Judge Lynch's webpage) |
| Motions in Chapter 13 Cases: |
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Alternate Fridays. (Please consult the
"Motion/Adversary Schedule" portion of Judge Lynch's webpage)
Original motions: Scheduled Chapter 13 dates at 9:00 a.m.
Confirmation Hearings are scheduled at 10:00 a.m.
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| Responses to motions filed in cases under any chapter shall include the hearing date in the caption. See Local Bankruptcy Rule 5005-3(c)(4). |
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| Motions Granted in Chambers |
All Chapter 7 and 11 motions are heard in open court. Chapter 13 matters that are noted on the court call as “no objection” or “confirmed” will not be called. In addition, if a matter is noted as continued to a date certain, that matter will not be called until the date noted. Notations of "no objection, "'confirmed,"
or continuance can be seen in advance by consulting the "Court Calendar" portion of Judge Lynch's webpage any time after noon the day prior to the hearing date. |
| Courtesy Copies of Motions (copies to be delivered to chambers) |
None requested unless specifically requested by chambers. |
| Motions to Avoid Lien |
Schedule C must be attached to the motion. The motion must state grounds to avoid the lien, including the value of the property, of the lien and of the claimed exemption. |
| Motions for Relief from Automatic Stay |
All motions for relief from the automatic stay must be accompanied by the Required
Statement to Accompany All Motions for Relief From Stay as required 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) shall:
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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| Service of Motions |
For all contested matters (as defined by Bankruptcy Rule 9014) the motion or request
must be served in compliance with Rule 7004. Corporations must be served on an officer, managing or general agent, or on any agent authorized by
appointment or by law to receive service of process as required by
Rule 7004(b)(3). 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:
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All attorneys or other professionals in cases filed under Chapters 7, 11 and 12 who seek
approval of their fees must submit an itemization of their time in tenths of an hour and in
the format required by Local Rule 5082-1. |
Cases filed under Chapter 13 :
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Refer to Local Rule 5082-2. Motions for approval of fees pursuant to the Court-Approved Retention Agreement will be granted in chambers when a case is noted as “confirmed.” All applications that are not based on the Court-Approved Retention Agreement must be itemized. |
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| Pretrial Procedures |
Discussed in open court on a case-by-case basis. Parties need not file or submit to chambers a Rule 26(f) report unless otherwise ordered by the court. |
| Trial Procedures |
Pursuant to trial order when entered or as discussed in open court. |
| Emergency Motions |
Refer to General Order No. 12-01 regarding procedures for emergency motions, then contact the courtroom deputy at (779) 772-8619. |
| Appearance by Telephone |
Refer to Instructions for telephonic appearances. |