1. The Local Rules have been amended to permit a hybrid in-person/video motion practice. Attorneys and others can choose to appear on a motion either (a) personally in court or (b) by video using Zoom for Government.
2. The hybrid motion practice is implemented with one of two notice of motion forms, Form G-3 and G-3.1, available on the court’s website (the latter for emergency motions) under “Forms” and then “General Forms.” See L.R. 9013-1(C)(1), 9013-2(E)(2)(a).
3. Motions to be presented must use the appropriate notice of motion form.
4. The Local Rules have been amended to continue the Notice of Objection procedure first adopted in General Order No. 20-03. See L.R. 9013-1(F). A party who objects to a motion and wants it called must file a notice of objection no later than two business days before the date of presentment. If the objecting party is an electronic filer, the notice of objection must be filed as a text only entry on the docket. If no objection is timely filed, the court may grant the motion in advance.
5. Motions that are granted in advance will be listed as having been “Granted Without a Hearing” on the call sheet for the hearing date.
6. If a party to a matter that has been “Granted Without a Hearing” seeks to have the matter called, the party must contact the Courtroom Deputy to request that the motion be called, and the Courtroom Deputy will call the motion.
7. If a motion scheduled on the call as “Granted Without a Hearing” is called, the court will either grant the motion over the objection or continue it to give the movant an opportunity to be heard.
8. If a motion is “Granted Without a Hearing,” it will be marked as such in the Court Calendar by no later than 4:00 p.m. the day before the motion is to be presented. The Court Calendar for Judge Baer is on the court’s website.

Courtesy copies should not be delivered or otherwise sent to chambers unless documents have been filed on short notice (within three days of hearing) or copies are requested by the Court.  Effective immediately, paper documents may no longer be hand-delivered to Judge Baer’s Chambers. Documents may be delivered only to Judge Baer’s Courtroom Deputy, Alex Dragonetti, in Room 624, or to the Clerk’s office, in Room 713, before 4:30 p.m. Documents may also be sent via email to Alex_Dragonetti@ilnb.uscourts.gov.

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 bases for continuing the stay in effect or imposing the stay; and
4. Be accompanied by a factual affidavit from the Debtor(s) explaining the reasons why each of the previous cases was dismissed and why the automatic stay should be continued or imposed in the present case.

When a motion has been heard by the court and the party seeking relief is directed to submit a draft order after the hearing, the order must be submitted:

(1) through email to Baer_DOTF@ilnb.uscourts.gov,

(2) in fillable format, and

(3) within 14 calendar days of the hearing on the motion or such other time as the Court orders. 

After expiration of those 14 days, the party will be given an additional 7 days to submit the draft order.  If the party fails to submit the draft order within that time, the court will deny the motion.  In the email submitting the order, please indicate the date of the hearing at which the party was instructed to submit the draft order and whether any parties who requested to see the draft before its submission have agreed to the form of the order.  For more information, please refer to the Fifth Amended Standing Order No. 2 Regarding Draft Orders on Judge Baer’s website.

Cases filed under Chapters 7, 9, 11 and 12:
All attorneys or other professionals in cases filed under Chapters 7, 9, 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. In addition, the application should include a summary cover page indicating the name of the applicant, the fees and expenses sought and the applicable time period for which fees and expenses are sought.

Cases filed under Chapter 13:
1. 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.

2. For all chapter 13 bankruptcy cases in which the debtor and debtor’s counsel have entered into the Court-Approved Retention Agreement, debtor’s counsel must attach a copy of the Form 2030 Disclosure of Compensation to the fee application.

All motions to modify plan filed in chapter 13 bankruptcy cases must include a paragraph that sets forth the following information about the debtor’s current confirmed plan: percentage paid to general unsecured creditors; term of plan; monthly plan payment amount.  Motions lacking such information may be denied without prejudice.

Motions to Obtain Credit and Incur Debt Filed in Chapter 13 Bankruptcy Cases

All motions to obtain credit and incur debt filed in chapter 13 bankruptcy cases must include a paragraph that sets forth the following information about the debtor’s current confirmed plan: percentage paid to general unsecured creditors; term of plan; monthly plan payment amount.  Motions lacking such information may be denied without prejudice.

Established pursuant to the Pre-trial Order entered and/or discussed in open court. Also see Judge Baer’s Zoom Trial Rules and Tips and/or Judge Baer's guidelines for conducting in-person evidentiary hearings and trials

Pre-Filing Conference
Properly prepared motions for summary judgment require considerable attorney time and client expense.  Sometimes such motions are unnecessarily filed.  A careful examination of the record prior to filing may reveal contested factual issues making the granting of the motion impossible.

It is the practice of the Court to hold a pre-filing conference with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record.  No written submissions should be made prior to the conference.  The party who wishes to seek summary judgment should be prepared to point out the uncontested facts that support the relief being sought, and the opposing party should be prepared to speak to whether those facts are contested.  This conference should be scheduled with the Courtroom Deputy before any substantive work is done preparing the motion.  No party will ever be prevented from filing a dispositive motion, but the goal of the pre-filing conference is to have a careful, informed discussion of the issues before significant time and expense have been incurred.