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All motions must be served at least seven days before the date of presentment, regardless of the method of service. Local Rule 9013-1(D). The movant shall use the Court’s Form G-3 Notice of Motion in all cases.

For all contested matters (see Bankruptcy Rule 9014), the motion or request must be served in compliance with Bankruptcy Rule 7004. Notice to corporations must be served on an officer, managing or general agent, or on any agent authorized by appointment or by law to receive service of process as required by Bankruptcy Rule 7004(b)(3). Attempted service upon a corporation at a "P.O. Box" address does not comply. The movant should consult Bankruptcy Rule 7004(b)(4) for service by mail upon the United States and Rule 7004(h) for service upon an insured depository institution.

The scheduled hearing date for motions noticed for an incorrect date, time, or location will be stricken. The Courtroom Deputy will inform movant's attorney if a hearing date or motion has been stricken.

A motion may be denied in court for want of prosecution if the movant fails to appear to present a motion to which a Notice of Objection has been filed or the Court otherwise orders the movant's appearance.

A party who objects to a motion and wants it called must file a notice of objection no later than 2 business days before the date of presentment. Local Rule 9013-1(F). If a notice of objection is not timely filed, the following routine motions may be listed as “WILL BE GRANTED W/OUT A HEARING ABSENT AN OBJECTION” on the Court Calendar and will not be called:

1. Motions for relief from the automatic stay in Chapter 7 if (i) the debtor has no equity in the property or has stated an intention to surrender the property and the trustee has filed a no-asset report, or (ii) the property is uninsured.
2. Motions for relief from the automatic stay in Chapter 13 if the property is uninsured or the debtor’s plan calls for its surrender.

Please note that motions for relief from stay that do not meet these conditions or which seek additional or alternative relief (e.g. relief from the co-debtor stay, abandonment of estate property, dismissal of the case) will be called. A motion may also be called if it requests a waiver of the 14-day stay provided in Fed. R. Bankr. P. 4001(a)(3) without alleging proper grounds for that relief. See “Relief from the Automatic Stay” below.

3. Motions to employ an attorney or other professional filed by the Chapter 7 case trustee and accompanied by a Rule 2014 affidavit.

4. Applications for compensation for (i) Chapter 7 case trustees, (ii) the attorney for the trustee, and (iii) special counsel or other professionals employed by the trustee pursuant to section 327, which include an itemized billing statement.

5. Motions under Bankruptcy Rule 2004.

6. Motions to extend time for filing (i) complaints to determine dischargeability under section 523, (ii) motions to dismiss under section 707(b), or (iii) complaints to object to discharge under section 727.

7. Motions to delay discharge for no more than 30 days to allow the debtor time to file a reaffirmation agreement.

8. Motions to avoid a lien pursuant to section 522(f).

1. Motions to reopen a bankruptcy case to file a Certification About a Financial Management Course or Certification Regarding Domestic Support Obligations, but only if the reopening fee has been paid and the debtor has already filed the certificate or proposes to file it within 14 days of the order.

10. Motions to extend by no more than 28 days the unexpired time to file an answer or other response to an adversary complaint.

11. Motions for voluntary dismissal of a Chapter 13 debtor pursuant to section 1307(b).

12. Other routine motions that are agreed or likely to be unopposed.

In addition, matters on the Court Calendar designated as WITHDRAW, MOOT, or CONFIRM will not be called for hearing before ruling. Matters listed as continued to a date certain will be called then and not on the originally noticed date.

All of the above designations will be noted on the Court Calendar by 5:00 p.m. on the last business day before the motion is scheduled to be presented.

IF ANY PARTY ASKS THE COURTROOM DEPUTY TO CALL A MOTION NOT SCHEDULED TO BE HEARD, THAT MATTER WILL BE CALLED.

A movant may withdraw a motion and not appear if moving counsel has filed an electronic notice of withdrawal and notified all appropriate parties that the motion is being withdrawn. Movant also should contact the Courtroom Deputy at (779) 772-8619.

Motions for relief from the automatic stay must be accompanied by a fully completed Required Statement to Accompany All Motions for Relief From Stay. Local Rule 4001-1(A). Failure to submit or fully complete the Required Statement may result in the motion being denied.

The Court may modify, without further notice, draft stay relief orders to remove language that: (i) appears to grant movant authority to act (as opposed to removing the restraints imposed by the automatic stay), (ii) seeks to modify the requirements of Bankruptcy Rule 3002.1, (iii) seeks to relieve the stay as to a party other than the movant, (iv) seeks to modify a claim, (v) seeks to allow fees or costs, (vi) seeks to bind a trustee upon conversion of the case, (vi) seeks injunctive relief; or (viii) is extraneous to the relief requested. Whenever possible, the movant should use the Court’s Model Lift-Stay Order.

The Court will waive the stay imposed by Bankruptcy Rule 4001(a)(3) only if (i) the asset in question is a vehicle and there is an allegation of no insurance, (ii) the debtor has directly indicated its consent or has indirectly indicated its consent by indicating an intention to surrender the asset or failing to indicate an intention with respect to the asset, (iii) the movant demonstrates exceptional circumstances warranting relief from Bankruptcy Rule 4001(a)(3), or (iv) the timing of a continued hearing on the motion or the effective date of the order provides the debtor with more than 14 days' notice of effective date.

Parties are reminded that when a Chapter 13 plan has been confirmed, the movant seeking stay relief must allege post-confirmation grounds for relief.

Each claim objection must be presented in court in accordance with the rules for presenting motions and must identify the claimant and claim number. A copy of the claim must be attached to the objection. Parties are reminded that notice must be served in compliance with Bankruptcy Rule 3007 and served on the person who signed the claim form at the address found on the claim form.

Further instructions on serving the Internal Revenue Service are available on the Court's website.

An objection to an exemption claimed by a debtor is a “contested matter” and must be presented in accordance with Bankruptcy Rule 7004, with a copy of the schedule that lists the claimed exemption attached to the objection.

Every motion for default judgment must be accompanied by a judgment order. Bankruptcy Rule 7058. The movant also must submit with her motion: (1) if the complaint is not verified, an affidavit establishing the truth of the allegations in the complaint upon which judgment is sought per FRCP 55(b)(2)(C); and (2) as applicable, an affidavit establishing compliance with the Servicemembers Civil Relief Act, including the status report prescribed by the SCRA.

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

The movant shall not file more than 75 statements of undisputed material facts without prior leave of the Court. The respondent shall be limited to 40 additional statements of undisputed material facts without prior leave of the Court.

Parties submitting transcripts in support or opposition to the motion must file the entire transcript.  Transcripts shall be submitted in their original form and shall not be highlighted or annotated.

Cases filed under Chapters 7, 11 and 12:
All requests for the approval of the fees of attorneys or other professionals in cases filed under Chapters 7, 11 and 12 must include an itemization of the time charged in tenths of an hour and further comply with Local Rule 5082-1.

Cases filed under Chapter 13:
Refer to Local Rule 5082-2. Unopposed motions for approval of fees pursuant to the Court-Approved Retention Agreement will be granted in chambers when a case is designated as confirmed. All fee applications that are not based on the Court-Approved Retention Agreement must be itemized in conformity with Local Rule 5082-1.

No copies of motions, exhibits or other filings shall be delivered to chambers unless directed by Judge Lynch.

Discovery.  After the parties are at issue, the Court will hold a discovery conference before which the parties will meet and confer to develop a joint discovery plan, which shall address, in addition to deadlines for fact and expert discovery, such issues the parties anticipate may arise. Before the discovery conference, the parties need not submit a Rule 26(f) report unless otherwise directed to do so.

Final Pretrial Order.  The trial date will be designated in the final pretrial order or set at the status hearing following the close of discovery. The final pretrial order may also contain deadlines for the filing and exchanging of witness lists, exhibit lists, stipulations of fact and trial briefs, a deadline for the exchange of the exhibits, and a deadline for objections to exhibits. Strict compliance with the final pretrial order is required. Failure to comply with the final pretrial order may result in the imposition of sanctions. See Judge Lynch's Final Pretrial Order Form.

Evidentiary Hearings.  Evidentiary hearings will be conducted in person at the courthouse unless the Court finds cause to allow remote testimony pursuant to Fed. R. Civ. P. 43(a). Unless otherwise ordered by the Court, exhibits will be presented electronically using the Court’s evidence presentation system. The parties shall provide an electronic copy of their exhibit list and all exhibits in PDF format via email to Lynch_Exhibits@ilnb.uscourts.gov (link sends e-mail) prior to the hearing.

Judge Lynch does not have a court reporter routinely present in the courtroom. Proceedings are recorded via the Court’s Electronic Court Recording Operator (ECRO) System. Transcripts of proceedings may be obtained from D&E Reporting. See Copies of Transcripts.

Consult Local Rule 9013-2.

As soon as possible, parties shall jointly contact the Courtroom Deputy after their Presiding Judge has referred their case to Judge Lynch for mediation. Once a date is set, the parties will receive instructions and guidelines.