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

Staff Information

Jodi Bennett
Judicial Assistant

Lester Smith
Courtroom Deputy

Ian Follasbee
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:

Original (new) Attorney and Pro se Party motions:	Wednesday at 9:30 a.m.
Trustee (new) motions:	Wednesday at 9:00 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:	Tuesday and Thursday at 9:30 a.m.
Continued Motions and Set Matters:	Tuesday and Thursday at 10:00 a.m.
Adversary Complaints:	Tuesday and Thursday at 10:00 a.m.
Chapter 7 Trustee's Final Report and Account Application for Compensation:	Tuesday and Thursday at 10:00 a.m.
Involuntary Petition Summons Return Date:	Tuesday and Thursday at 10:00 a.m.

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

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.

Telephonic Appearance Procedure

Local counsel must appear in person in all matters before the court.

Judge Thorne uses the services of CourtCall for telephonic appearances. Except in the instance of a demonstrable emergency as approved by the court, all requests for telephonic participation must be made to chambers at least two (2) business days prior to the hearing in which telephonic participation is sought. Participants will then be required to contact CourtCall (866-582-6878) to arrange for telephonic participation.

Telephonic appearances are allowed in all matters before the Court except the following:

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

No telephonic appearance will be allowed unless it is made through CourtCall.

Parties filing a motion, application or other pleading, including, without limitation, an objection or response thereto, may participate by telephonic appearance. Any party not submitting a pleading, but interested in monitoring the court’s proceeding, may participate by telephonic appearance in “listen-only” mode.

To ensure the quality of the record, the use of cell phones, speaker phones, public booths or phones in other public places is prohibited. Counsel appearing telephonically must call from a land-line telephone and must use a handset or headset. All background noise is strictly prohibited.

Parties who appear by telephone do so at their own risk. Without prior exception by the court, parties appearing by telephone are monitoring proceedings only. They may not argue or testify. Such parties must keep their phones on “mute” other than to make their appearance and unless and until addressed by the court. Each time you speak, you must identify yourself for the record. Do not place the call on hold at any time. When the Judge informs the participants that the hearing is completed, you may disconnect. Parties who appear by telephone assume the risk of all technical difficulties, including, but not limited to, the inability to hear or be heard and disconnection. The court will generally not seek to reconnect parties who have been disconnected.

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).

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 9/19/16 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.

Emergency Motions:

Amended General Order No. 12-01 Regarding Procedures for Emergency Motions
Please contact chambers at (312) 706-1805.

Northern District of Illinois

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Judge Deborah L. Thorne

Staff Information

Judge Tabs