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

Motions and Confirmation Hearings in Chapter 13 Cases:

Motions in Chapter 7 and 11 Cases:

Amended General Order No. 12-01 Regarding Procedures for Emergency Motions

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.

1. 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;
2. 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;
3. 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
4. The email must include any exhibits referenced in the DOTF.

1. Trials and evidentiary hearings - All counsel and all witnesses must appear in person
2. Chapter 11 status conferences - Debtor and Debtor’s counsel must appear in person, other parties in interest may appear telephonically
3. Chapter 11 confirmation hearings - Debtor, Debtor’s counsel, and all objecting parties must appear in person
4. Hearings on reaffirmation agreements - Debtor must appear in person
5. Any matter designated by the court as one requiring a personal appearance

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;
3. State in detail the basis for continuing the stay in effect or imposing the stay; and
4. 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.

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 9/19/16 must be attached if applicable.

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:

1. Reimbursement of costs associated with photocopying shall be limited to 10 cents per page absent proof of actual expense in a greater amount.
2. 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.

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.