Judge Janet S. Baer

Courtroom 615
Chambers: (312) 435-6054
Courtroom Deputy: (312) 435-5653

Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street
Chambers 662
Chicago, IL 60604

Attention all attorneys and interested parties. Please read and review Second Amended General Order No. 20-03 issued on May 18, 2020, for updated procedures in response to the COVID-19 Public Emergency.

Notice regarding Court Hearings Conducted by Telephone.

Staff Information

Alex Dragonetti
Courtroom Deputy

Naomi Kogan Dein
Andrew Miller
Law Clerks

Judge Tabs

Procedures

NOTICE REGARDING DELIVERY OF DOCUMENTS
Effective immediately, paper documents may no longer be hand-delivered to Judge Baer’s Chambers. Documents may only be delivered 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.

Court Schedule	Please refer to the Chicago Schedule for information about dates and times that Judge Baer will hold court in Chicago. Please refer to the Geneva Schedule for information about dates and times that Judge Baer will hold court in Geneva.
Motions Granted Without a Hearing	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. 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 cases, where the motion alleges that stay relief is warranted because the debtor has no equity in the collateral and the trustee has filed a no-asset report. This procedure does not apply to motions for relief from the stay in Chapter 7 cases where the request for relief is based on something other than the debtor's lack of equity in the property. B. Motions for relief from the automatic stay, in Chapter 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 “Will Be 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 web site.
Courtesy Copies Requested by Chambers (copies to be delivered to chambers)	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 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).
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: 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, extended, or imposed in the present case.
Draft Orders to Follow	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, please indicate the date of the hearing at which the party was instructed to submit the draft order. For more information, please refer to the Fifth Amended Standing Order No. 2 Regarding Draft Orders on Judge Baer’s website.
Procedures for Scheduling and Conducting Hearings on Motions in Same Case	When another motion or related matter in the same bankruptcy case has already been set for hearing at a designated time, counsel for a moving party may use the same time for new motions as the previously set matter. In the event that two or more motions in the same bankruptcy case are scheduled to be heard at different times on the same date, the earlier motion(s) shall be heard with the latest pending motion.
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.
Supplemental Applications for Reimbursement of Expenses in Chapter 13 Cases	Any attorney seeking reimbursement of expenses in a Chapter 13 case in a supplemental application must include an itemization with a detailed description of the supplemental expenses incurred and the reason for incurring such expenses. For example, one line on an itemization might read, “1st Amended Plan; Filed 05/01/18; Copies 100 x $0.10; Total $10.00.”
Motions to Modify Plan Filed in Chapter 13 Bankruptcy Cases	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; 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; plan payment amount. Motions lacking such information may be denied without prejudice.
Fee Applications Filed in Chapter 13 Bankruptcy Cases	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.
Pretrial Procedures	Discussed in open court on a case by case basis. See Final Pretrial Order for Bankruptcy Cases and Final Pretrial Order for Adversary Proceedings.
Emergency Motions	See General Order No. 12-01.
Trial Procedures	Pursuant to trial order entered and/or discussed in open court.
Telephonic Appearances	All telephonic appearances must be made through CourtCall, an independent conference call company licensed by the Administrative Office of the U.S. Courts to provide telephonic appearance services. Prior approval is not required for telephonic appearances in hearings before Judge Baer. Telephonic appearances may be arranged by calling (866) 582-6878 or visiting www.courtcall.com. All telephonic appearances must be arranged before 8:00 a.m. on the day of the hearing. After a telephonic appearance is arranged, CourtCall will provide written confirmation and a dial-in number. Parties appearing telephonically must dial-in at least ten minutes before the scheduled hearing. Telephonic appearances are connected to the courtroom’s public address system and electronic recording equipment. Parties appearing telephonically are required to minimize background noise and to speak loudly, clearly, and directly into the phone. When a matter is called for hearing, all parties appearing telephonically must state their appearances. Each time parties appearing telephonically speak, they should identify themselves for the record. Parties appearing telephonically are cautioned that they do so at their own risk. Generally, hearings will not be rescheduled due to telephonic connection problems. Although generally permitted, telephonic appearances are prohibited in the following situations: 1. Telephonic appearances are not allowed in hearings in which significant argument or testimony is anticipated, including contested matters, evidentiary hearings, and trials. Absolutely no testimony will be permitted by parties appearing telephonically. 2. Telephonic appearances are not allowed in hearings at the Kane County Courthouse at 100 S. Third Street, Room 240, Geneva, IL 60134. (The courtroom is not set up for telephonic appearances.) 3. The Court may prohibit telephonic appearances and require personal appearances as it deems necessary or appropriate.
Motion For Retention of Chapter 11 Debtor's Counsel under 11 U.S.C. 327	The court will not approve an application to be employed as counsel for a chapter 11 debtor-in-possession unless either: (i) the applicant has had experience representing a debtor in at least one previous chapter 11 case in which the debtor's plan was confirmed, or (ii) an attorney who has had such experience will serve as co-counsel with the applicant. See In re Doors and More Inc.,126 B.R.43, 44-46 (Bankr. E.D. Mich. 1991).

Northern District of Illinois

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Judge Janet S. Baer

Staff Information

Judge Tabs