Judge Jack B. Schmetterer

Courtroom 682
Chambers: (312) 435-5654
Courtroom Deputy: (312) 435-5655

Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chambers 600
Chicago, IL 60604

COURT LANGUAGE INTERPRETER
If translator is needed for case hearing, please notify chambers immediately at (312) 435-5654 with date of hearing and type of language needed so arrangements can be made for interpreter.
Court will not supply interpreters for use at evidentiary hearings or trials.

Staff Information

Dorothy Clay
Judicial Assistant

Matthew Utter
Courtroom Deputy

Dante Wen
Law Clerk

Judge Tabs

Procedures

Emergency Motions
See Amended General Order 12-01
Contact Chambers at 312-435-5654 for a Date and Time

All Motions

See Motion/Adversary Schedule for Days and Times

In all cases, motions are heard on days selected by moving counsel, except that only Chapter 13 motions are heard on Wednesdays. This allows movants to self-select an available date and time on the calendar and to serve notice of that date and time without first obtaining permission from the courtroom deputy.

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 proposed motion to staff. When filed, all emergency motions must be accompanied by Certification for Emergency Motion. Emergency Motions - See Amended General Order 12-01 - Contact Chamber at 312 435 5654 for a Date and Time.

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 website for dates Judge Schmetterer will not be Sitting). Party 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 according to General Order 12-01. Summons in an Adversary proceeding should be made returnable and set for date Judge is sitting according to calendar.

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minute order prior to said matter being called to courtroom deputy and notify all parties that the matter is being withdrawn.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 Kafka 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 the day before presentment must be delivered to the clerk 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:

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.	Append debtor’s affidavit stating in detail the grounds for continuing the stay in effect or imposing the stay.

Motion 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: (1) the proposed findings of fact and conclusions of law; (2) an order granting the motion for entry of default; and (3) a judgment order. Default judgments are entered by the Court rather than the clerk per LBR 7055-2.

Pursuant to FRBP 7055, FRCP 55 also applies in adversary proceedings. Motions for default must list: (1) the date of issuance of the summons; (2) the date of service of the complaint and summons; (3) the individual served, and if a corporation is involved, how the individual served is related to the corporation; (4) the date of the filing of the affidavit of service; (5) the date of the time limit for filing an answer or responsive pleading set by the Court or by FRBP 7012(a); (6) a statement of minor or incompetent status; and, if applicable, (7) appearance by a party.

Motions for default judgment must also be accompanied by: (1) an affidavit establishing the default per FRCP 55(a); (2) a copy of the executed summons filed with the Clerk of Court as part of the proceedings with the certificate of service; (3) the certificate of service for the Motion for Default Judgment filed with the clerk of the Court as part of the proceedings; and (4) as applicable, an affidavit establishing compliance with the Servicemembers Civil Relief Act.

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:

1.	Costs associated with facsimile transmissions 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.

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

3.	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.

Motions for Approval of Attorneys’ Fees

Cases filed under Chapters 7, 11 and 12:
All attorneys or other professionals in cases filed under Chapter 11 (or in other chapters, if ordered) seeking approval of their fees must submit an itemization of their time in tenths of an hour and in the format required under Local Bankruptcy Rule 5082-1.

Cases filed under Chapter 13:
Chapter 13 fee applications will be taken under advisement for review in chambers, subject to possible notice from 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 $4,000 for all services to end of case. Copy of the Model Retention Agreement must be signed in ink by the Debtor(s), and be filed with 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 denied unless time itemization is submitted.

Additional Fees
All attorneys who obtained approval of the usual $4,000 fee application agreed to by Model Retention Agreement and are seeking approval of additional fees must file an application with an itemization of their time and copies of each application and order approved for prior fees, thereby showing extraordinary service to justify an additional fee over the $4,000 default limit.

Pretrial and Trial Procedures

Pretrial Orders will be enforced unless some good reason shown by motion warrants modification.

Telephonic Appearance

All telephonic appearances must be scheduled with Court Call at least 24 hours in advance of the hearing. Only parties that are not local may participate by phone and the party must contact Chambers to get permission to participate by phone.

Northern District of Illinois

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Judge Jack B. Schmetterer

Staff Information

Judge Tabs