Judge Lynch has adjusted his hearing schedule due to the COVID-19 public emergency as described below. Until further notice, all hearings will be conducted via Zoom for Government. Please refer to the Court's Notice Regarding Court Hearings Conducted Remotely in the Western Division for further details.

PLEASE SEE THE MOTION / ADVERSARY SCHEDULE FOR DATES JUDGE LYNCH IS NOT SITTING

Pursuant to Sixth Amended General Order 20-03, all motions must be served at least seven days before the date of presentment, regardless of the method of service. Every notice of motion must conform to the requirements of the General Order, including stating that a party who wishes to have the motion called for hearing must file a Notice of Objection no later than two business days before the motion's presentment date. Refer to the Sixth Amended General Order 20-03 for further instructions.

For all contested matters (as defined by 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 Rule 7004(b)(3). Attempted service upon a corporation at a "P.O. Box" address does not comply with Bankruptcy Rule 7004(b)(3). The moving party shall 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.

Parties are reminded that they must also comply with Bankruptcy Rule 2002 regarding notice of motions and hearings.

The scheduled hearing date for motions that are noticed for an incorrect date, time, or location will be automatically stricken prior to the date originally noticed for hearing. Any emergency motion that is scheduled for hearing without receiving prior approval from Judge Lynch also will be stricken. The courtroom deputy will inform movant's attorney prior to the hearing date if the 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.

Motions that are noted on the court call as "no objection" or "confirmed" will not be called. In addition, if a matter is noted as continued to a date certain, that matter will not be called until the date noted. Notations of "no objection" or "confirmed" and continuances will be posted on the Court Calendar section of Judge Lynch's website after 2 p.m. on the last business day prior to the hearing date.

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 IN THE ABSENCE OF AN OBJECTION" on the Court Calendar for the hearing date.

In addition to routine motions defined above, the following motions may also be listed as "WILL BE GRANTED WITHOUT A HEARING" on the Court Calendar for the hearing date:

1. Motions for relief from the automatic stay under section 362 in Chapter 7 cases:
   1. With respect to real property or personal property other than a vehicle when the motion alleges that stay relief is warranted because the debtor has no equity in the property or the debtor has stated an intention to surrender the property and the trustee has filed a no-asset report.
   2. With respect to a vehicle when the motion alleges that stay relief is warranted because the vehicle is uninsured.

       

2. Motions for relief from the automatic stay in Chapter 13 cases:
   1. With respect to real property or personal property other than a vehicle when the motion alleges that the movant holds a valid security interest in the property and the debtor's Chapter 13 plan calls for surrender of the property.
   2. With respect to a vehicle when the motion alleges that the movant holds a valid security interest in the property, and that the vehicle is uninsured or the debtor's Chapter 13 plan calls for surrender of the vehicle.

Please note that these procedures do not apply to: (1) motions for relief from stay based on other grounds; (2) motions for relief from stay that also request the abandonment of property of the estate or dismissal of the case; and (3) motions for relief from stay in Chapter 11 or Chapter 12 cases.

3. Debtor's motion to delay discharge for no more than 30 days to allow the debtor to file a reaffirmation petition.
4. Motions to reopen a bankruptcy case in order to file Debtor's Certification Regarding Domestic Support Obligation, but only if the reopening fee has been paid.
5. Debtor's motion to reopen its bankruptcy case in order to file Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management, but only if the reopening fee has been paid. Please note that Debtor must propose to file its certificate within 14 days of the order if the certificate has not already been filed.
6. Motions to dismiss a case for failure to obtain a credit counseling certificate pursuant to Section 109(h).
7. Motions to remove a person / entity from the service list in a Chapter 11 case.
8. Routine applications for compensation of Chapter 7 case trustees and for compensation for services rendered by the attorney for the trustee.

Effect of listing as "WILL BE GRANTED WITHOUT A HEARING":

1. IF ANY PARTY ASKS THE COURTROOM DEPUTY TO CALL THE MOTION, IT WILL BE CALLED.
2. If no party requests that the motion be called, it will be granted as of the date of the scheduled hearing without hearing in open court.
3. 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.

If a motion may be granted in chambers without hearing, it will be marked "WILL BE GRANTED WITHOUT A HEARING" on the Court Calendar by 2:00 p.m. on the last business day before the motion is scheduled to be presented.

Consult the Court Calendar to see whether your motion "WILL BE GRANTED WITHOUT A HEARING." A copy of the day's Court Calendar also will be found on the message board located outside the courtroom and on counsel tables.

Parties 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 no later than noon of the last business day before the hearing date scheduled for the matter. Movant also must contact the courtroom deputy at (779) 772-8619. The matter then will be posted as "withdrawn" on the Court Calendar.

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. State in detail the bases for continuing the stay in effect or imposing the stay.

All motions for relief from the automatic stay must be accompanied by a fully completed Required Statement to Accompany All Motions for Relief From Stay, as required by Local Rule 4001-1(A). Failure to submit or fully complete the Required Statement may result in the motion being denied without a hearing without further notice from the Court.

The Court may modify, without further notice from the Court, draft orders regarding relief from stay to remove language that: (i) appears to grant movant permission or authority to act (as opposed to removing the restraints of the automatic stay), (ii) seeks to modify the movant's requirements under Bankruptcy Rule 3002.1, (iii) seeks to relieve the stay as to a party other than the movant, (iv) seeks to grant movant leave to file or modify a claim, (v) seeks to allow movant fees or costs, (vi) seeks to bind a trustee upon conversion of the case, (vi) seeks injunctive relief; or (viii) is otherwise extraneous to the relief requested.

The Court will waive the 14-day stay provided in 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 establishes other 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 of the relief.

Parties are reminded that when a chapter 13 plan has been confirmed, the movant seeking relief from the stay 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. Notice to the claimant must be served in compliance with Fed. R. Bankr. P. 3007, including without limitation service 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 must be presented in accordance with the rules for presenting motions, with a copy of the schedule that lists the claimed exemption attached to the objection.

Pursuant to Bankruptcy Rule 7058, every motion for default judgment must be accompanied by a judgment order. 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 such Act.

Motions for summary judgment and responses must comply with Local Rules 7056-1 and 7056-2 and the procedures set by this Court. 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.

Failure to conform to the applicable Local Rules, including, but not limited to Local Rules 7056-1 and 7056-2, may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009).

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.

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 the other requirements of 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 noted as "confirmed." All applications that are not based on the Court-Approved Retention Agreement must be itemized in conformity with Local Rule 5082-1.

Discovery.  Discussed in open court on a case by case basis. Before the discovery conference with Judge Lynch, the parties need not submit a Rule 26(f) report unless otherwise directed to do so by the Court. 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, among other things, proposed protocols and procedures for conducting any requested deposition discovery. The parties will present their joint discovery plan at the discovery conference, following which the Court may set a firm discovery deadline and schedule the pretrial hearing.

Evidentiary Hearings.  Effective June 1, 2020, and pursuant to Second Amended General Order No. 20-05, all evidentiary hearings will be conducted utilizing the web-based video technology designated by the Court. Attorneys must direct their clients and witnesses not to appear in person at the courthouse for hearing. Pursuant to Fed. R. Civ. P. 43(a), all witnesses will be placed under oath via the designated video technology, and their testimony will have the same effect as if they were testifying in open court.

Final Pretrial Order.  The trial date will be designated in the final pretrial order. 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 themselves, 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, e.g., Michael v. Khan (In re Khan), 321 B.R. 709, 711 (Bankr. N.D. Ill. 2005). See Judge Lynch's Final Pretrial Order Form.

Judge Lynch no longer has a court reporter routinely present at hearings. Instead, proceedings are recorded via the Electronic Court Recording Operator (ECRO) System installed in the courtroom unless ordered otherwise by the Court. Transcripts of proceedings conducted by Judge Lynch may be obtained from D&E Reporting, located in the Dirksen Federal Courthouse. Contact the Courtroom Deputy for more information and order forms.

To schedule an emergency matter consult Local Rule 9013-2 and then contact the courtroom deputy at (779) 772-8619.