Procedures for Cases Assigned to Judge Jack B. Schmetterer
To calendar an emergency matter to be heard on shortened notice, movant must first contact the chambers, at (312) 435-5654 and deliver copies of notice and motion to staff. When filed, all emergency motions must be accompanied by Certification for Emergency Motion.
|Handling of Motion When Judge is not Sitting||Any motion noticed for a day Judge is not sitting will be removed from the court’s calendar (Please review dates Judge Schmetterer will not be Sitting). Party is to file Amended Notice of Motion relating Notice to original date and noticed for a date Judge will be sitting in accordance with the motion schedule. If motion is not renoticed within one (1) week of original date by filing an Amended Notice of Motion, the motion will be stricken. If the motion is an emergency, it must be noticed before the Emergency Judge. If Summons in an Adversary proceeding is set for status on a date Judge is not sitting, party must issue an Alias summons in accordance with the Adversary schedule and set for a date Judge is holding court.|
|Withdrawing Calendared Matters||Any party wishing to withdraw a motion must present minute order prior to said matter being called to courtroom deputy and notify all parties that the matter is being withdrawn. Movant may withdraw their motion by filing notice of withdrawal relating notice to original docket entry. If hearing date is scheduled within 24 hours of filing notice, movant is to contact chambers and inform chambers of filing notice of withdrawal.|
|All Motions to be called||Because many debtors come to court without counsel on motions and some have defenses, all motions are heard in open court. (All counsel are advised to read “The Trial” by Franz Kaffa to understand how important the judge considers transparency in the Justice system.). All new and set motions will be called, even if “routine” under Local Rule. If counsel checks in with the clerk, motions will be held for recall, but may be allowed when called in absence of objection even if movant does not appear unless the clerk is informed that the motion is withdrawn.|
|Counsel to check in if will be late||If counsel will be late or cannot appear on time, they should contact chambers before the court call starts to request that the case be held for later call.|
|Courtesy Copies of Motions (copies to be delivered to chambers)||Short new motions and notices, if filed two days in advance of presentation, will usually be printed in chambers in time for Judge to review the night before, but counsel are expected to bring their own copies to court to enable them to respond to any questions from the bench.
Copies of motions filed one day before presentment must be delivered in chambers immediately upon filing so as to be available for review by the Judge that afternoon.
Courtesy copies of bulky motions and their exhibits tabbed for ready use should always be delivered in chambers together with copies of notices two days before presentment, to permit review by the Judge before presentation.
|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 in form required by Court General Order.|
|Motion to Continue Stay in Effect or Impose Stay||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:
|Proper Service of Notice||Notices of motion will be reviewed for proper service of notice.
For all contested matters (as defined in Bankruptcy Rule 9014), counsel are reminded that the motion must be served in compliance with Rule 7004, and 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, or on creditor who has designated otherwise by claim filing or national registry. Service of a corporation at a Post Office Box to which payments are sent is not sufficient under Rule 7004(b)(3) unless the creditor so designates by claim filing or through national registry.
CERTIFICATION THAT SERVICE WAS BY ONE OF SEVERAL POSSIBLE METHODS WITHOUT SPECIFING WHICH METHOD WAS ACTUALLY USED WILL BE STRICKEN.
|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)(l)(B) will be treated as follows:
|Motions for Approval of Attorneys’ Fees||Cases filed under Chapters 7, 11 and 12:
Chapter 13 fee applications will be taken under advisement for review in chambers, subject to possible notice by the court for hearing.
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 they have a Model Retention Agreement in form approved by the Court and signed by the debtor within the default limit of $3,500 for all services to end of case. Copy of the signed Model Retention Agreement must be filed and accompany fee application. Since such Agreement is offered in lieu of time itemization, it must thereby be made available for court review; otherwise, the fee sought will be reduced to $2,500 unless time itemization is submitted.
When cases are dismissed prior to confirmation, the fees will be allowed only up to $2,500 unless counsel submits some showing of extraordinary value of the service to the debtor supported by records of time and work required for such service.
|Pretrial and Trial Procedures||Pretrial Orders will be enforced unless some good reason shown by motion warrants modification.|