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 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, extended, 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, 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.

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.

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.

Pursuant to the Pre-trial Order entered and/or discussed in open court.

Zoom Trial Rules and Tips

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 in fact 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.

Motions for Summary Judgment
Motions for summary judgment and responses must comply with Local Rules 7056-1 and 7056-2 as well as the procedures outlined herein.  All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.

The Local Rules are not mere technicalities.  Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment.  See Cracco v. Vitran Express, Inc., 559 F.3d 625, 632 (7th Cir. 2009).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court.   The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court.

Deposition Testimony Evidence
Parties submitting deposition transcripts in support of or in opposition to summary judgment must file the entire transcript for each deposition.