Judge Deborah L. Thorne

Courtroom 613
Chambers: (312) 706-1805
Courtroom Deputy: (312) 435-5645

Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chambers 668
Chicago, IL 60604

Beginning April 19, 2022, all of Judge Thorne’s court calls will be held via Zoom for Government in accordance with the Sixth Amended General order 20-03. The meeting ID below will be used for all motion calls. This notice of motion must be used.

For more information click here

Meeting ID: 160 9362 1728

To join the ZoomGov Meeting:
-Join by website: https://www.zoomgov.com/join
-Join by phone: (669) 254-5252 or (646) 828-7666

Judge Thorne's Guidelines for Orders Modifying Stay and Sample Order Language

Staff Information

Jodi Bennett
Judicial Assistant

Lester Smith
Courtroom Deputy

Luke Sperduto
Law Clerk

Judge Tabs

Procedures

Hearings on Motions

PLEASE SEE MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE THORNE NOT SITTING

Motions and Confirmation Hearings in Chapter 13 Cases:

Trustee (new) motions:	Wednesday at 9:00 a.m.
Original (new) Attorney and Pro se Party motions:	Wednesday at 9:30 a.m.
Continued Motions and Set Matters:	Wednesday at 10:00 a.m.
Adversary complaints:	Wednesday at 10:00 a.m.
Confirmation:	Wednesday at 10:30 a.m.

Motions in Chapter 7 and 11 Cases:

Original Motions:	Thursday at 9:00 a.m.
Continued Motions and Set Matters:	Thursday at 9:30 a.m..
Adversary Complaints:	Thursday at 9:30 a.m.
Chapter 7 Trustee's Final Report and Account Application for Compensation:	Thursday at 9:30 a.m.
Involuntary Petition Summons Return Date:	Thursday at 9:30 a.m.

See Local Rule 9013-2 Regarding Procedures for Emergency Motions

Miscellaneous Guidelines

Judge Thorne's Guidelines for Orders Modifying Stay and Sample Order Language

Other miscellaneous guidelines and things to remember

Motions Granted Without a Hearing

EFFECTIVE 8/1/17

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. ALL PRO SE MATTERS WILL BE CALLED.

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 and 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 is being granted without a hearing, it will be marked "WILL BE GRANTED WITHOUT HEARING UNLESS AN OBJECTING PARTY REQUESTS THAT THE MOTION BE CALLED IN OPEN COURT"; on the Court Calendar by no later than 3:00 p.m. the day before the motion is to be presented. The Court Calendar for Judge Thorne is on the court's web site.

Draft Orders to Follow

**DO NOT UPLOAD TO THE DOCKET**

Draft orders to follow (“DOTF”) should be directed to thorne_dotf@ilnb.uscourts.gov or hand delivered within fourteen (14) days of the hearing on the motion, or such other time as ordered by the court.

When submitting a DOTF via email:

All parties who appeared with respect to the matter, including the applicable trustee in the matter whether or not the trustee appeared, must be copied on the email;
The subject line of the email must identify the case name(s), case number(s) and related docket number(s) for which the DOTF is submitted;
The email must indicate that all parties who appeared with respect to the matter have reviewed and (a) signed off on the order (if the order is an actual Agreed Order, all parties’ signatures must be included), or (b) not signed off on the order in which case it must be indicated what the nature of the disagreement is and whether the parties seek a hearing on the disagreement; and
The email must include any exhibits referenced in the DOTF.

Failure to abide by any of the foregoing may result in the order being rejected.

Zoom Hearing Information

EFFECTIVE 10/13/2020 AND UNTIL FURTHER NOTICE: All court hearings before Judge Thorne will take place via https://www.zoomgov.com. All hearings will have the same meeting ID 160 9362 1728 with no password required. Counsel appearing by video must be in appropriate business attire. To appear by telephone, call Zoom for Government at 1-669-254-5252 or 1-646-828-7666. Then enter meeting ID.

Upon joining the meeting, you will be placed in a waiting room. Please wait patiently while court staff assists in moving you from the waiting room to the main room where the hearing will take place. Please be sure that your appearance name is your full first and last name.

You are required to join the hearing at least fifteen minutes prior to the scheduled hearing time for the first matter on which you intend to appear.

You are required to make your appearance clearly before addressing the court, speak slowly and distinctly, and make every effort not to interrupt others.

It is highly recommended that you use a headset or earbuds with a microphone for this court call. Using a separate headset microphone instead of a built-in computer microphone reduces distortion, eliminates background noise, and ensures that everything you say will be picked up.
The result will be a more accurate record of the proceeding.

To ensure the quality of the record, the use of speaker phones, public booths or phones in other public places is prohibited. All background noise is strictly prohibited.

Parties who appear must keep their audio on “mute” other than to make their appearance and unless and until addressed by the court. The court will not seek to reconnect parties who have been disconnected. Parties are encouraged to call back and reconnect to the call.

Parties filing a motion, application or other pleading, including, without limitation, an objection or response thereto, must participate via zoomgov.com. No telephonic or video appearance will be allowed unless it is made through zoomgov.com.

An amended notice of motion must be filed prior to each hearing for all new matters set to be heard on or after October 13th. View required notice of motion here. All matters that do not conform to the amended notice will be stricken.

Chapter 13 Plans

All Plan amendments must be filed at least five (5) days prior to scheduled confirmation hearing to provide adequate time for review.
Plans containing language relating to the non-payment of late-filed claims will not be confirmed.

Courtesy Copies of Motions

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). Judge Thorne's Guidelines for Orders Modifying Stay and Sample Order Language.

Motions to Compel Discharge

Upon filing of a Motion to Compel Discharge, a certification of plan completion must be attached.

Motions for Default Judgment

Pursuant to FRBP 7058, FRCP 58 applies in adversary proceedings. FRCP 58(a) requires that "every judgment and amended judgment must be set out in a separate document." FRCP 58(a) sets forth a list of motions that do not require a separate order from the judgment. That list does not include motions for default judgment. Thus, in order to comply with FRBP 7058 and LBR 9013-1(C)(5) (which requires each motion to have an accompanying proposed order), a motion for default judgment must be accompanied by 2 orders: (a) an order granting the motion for default judgment; and (b) a judgment order.

Motions for default judgment must also be accompanied by: (1) an affidavit establising the default per FRBP 7055(a); (2) if the complaint is not verified, an affidavit establishing the truth of the allegations in the complaint upon which judgment is sought per FRBP 7055(b)(2)(C); and (3) as applicable, an affidavit establishing compliance with the Servicemembers Civil Relief Act, including an attached Status Report generated in accordance with such Act.

Procedures for Scheduling and Conducting Hearings on Certain Motions for Relief From the Automatic Stay in Chapter 7 Cases

The procedures will apply only in Chapter 7 cases and only to motions alleging that stay relief is warranted because the debtor has no equity in the property. The procedures will not apply to motions for relief from the stay in Chapter 11 or Chapter 13 proceedings or in motions in Chapter 7 cases where the request for relief is based on something other than the debtor’s lack of equity in the property.

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:

State the case number of previous cases dismissed within one year of the filing of the present case;
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;
State in detail the basis for continuing the stay in effect or imposing the stay; and
Append a detailed affidavit containing specific facts demostrating all circumstances including those related to the substancial change in the debtor's financial or personal affairs, to rebut the presumtion.

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. A fully executed Court-Approved Retention Agreement (CARA) revised as of 3/15/21 must be attached if applicable.

Expenses Sought for 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:

Reimbursement of costs associated with photocopying shall be limited to 10 cents per page absent proof of actual expense in a greater amount.
Any cost related to use of computer for legal research shall 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.

Pretrial Procedures

Discussed in open court on a case by case basis.

Trial Procedures

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

All trial exhibits must be submitted to chambers on a flash drive.

Each separate exhibit must be uploaded as its own separate pdf. Multiple exhibits uploaded together as one pdf will be rejected.

Procedures for
Informal Mediation of Colleagues’ Cases

When another Judge has referred a case to Judge Thorne for mediation, the following guidelines will apply:

The parties are responsible for contacting chambers to schedule the mediation, and must be prepared to communicate to chambers the anticipated length of the mediation.
The parties must agree to make a good faith attempt to settle through mediation and are required to have at least one person of decision-making authority in attendance at the mediation with their counsel.
At least two (2) business days before the scheduled mediation each party must email thorne_dotf@ilnb.uscourts.gov a position statement not to exceed five pages. Unless the parties agree that the statements are not confidential, the statements will be treated as confidential. The statement must NOT be FILED and should not be provided to the opposing party.

Emergency Motions:

See Local Rule 9013-2.

Northern District of Illinois

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Judge Deborah L. Thorne

Staff Information

Judge Tabs