Judge Jack B. Schmetterer
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Courtroom 682 Chambers: (312) 435-5654 Courtroom Deputy: (312) 435-5655 |
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| Staff: |
Dorothy Clay Secretary |
Deborah Smith Courtroom Deputy |
Anders Watson Law Clerk |
| Thursday September 25, 2008 |
| Friday September 26, 2008 |
| Tuesday September 30, 2008 |
| Thursday October 09, 2008 |
| Friday October 10, 2008 |
| Tuesday October 14, 2008 |
| Friday October 17, 2008 |
| Friday October 31, 2008 |
| Monday November 03, 2008 |
| Tuesday November 04, 2008 |
| Friday November 28, 2008 |
Procedures for Cases Assigned to Judge Jack B. Schmetterer
| All Motions | View Original Motion/Adversary Schedule In all cases, an open calendar procedure is used for the scheduling of original motions, except that only Chapter 13 motions are heard on Wednesdays.This allows movants to self-select an available date and time on the calendar and to serve notice of that date and time without first obtaining permission from the courtroom deputy.To calendar an emergency matter to be heard on shortened notice, movant must first contact the chambers, at (312) 435-5654 and deliver copies of notice and motion to staff. When filed, all emergency motions must be accompanied by Certification for Emergency Motion. |
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| Withdrawing Calendared Matters | Any party wishing to withdraw a motion must present minute order prior to said matter being called to courtroom deputy and notify all parties that the matter is being withdrawn. | ||||||
| Motion Slips and Draft Orders | Pursuant to Standing Order, all motions are to be accompanied by motion slips filed with the motion so as to permit convenient entry of short orders or to set schedules, and pursuant to Local Bankruptcy Rule also be accompanied by a proposed order. | ||||||
| All Motions to be called | Because many debtors come to court without counsel on motions and some have defenses, all motions are heard in open court. (All counsel are advised to read “The Trial” by Franz Kaffa to understand how important the judge considers transparency in the Justice system.). All new and set motions will be called, even if “routine” under Local Rule. If counsel checks in with the clerk, motions will be held for recall until counsel returns. Routine motions, may be allowed when called in absence of objection even if movant does not appear unless the clerk is informed that the motion is withdrawn. | ||||||
| Counsel to check in if will be late | If counsel will be late or cannot appear on time, they should contact chambers before the court call starts to request that the case be held for later call. | ||||||
| Courtesy Copies of Motions (copies to be delivered to chambers) | Short new motions and notices, if filed two days in advance of presentation, will usually be printed in chambers in time for Judge to review the night before, but counsel are expected to bring their own copies to court to enable them to respond to any questions from the bench.
Copies of motions filed one day before presentment must be delivered in chambers immediately upon filing so as to be available for review by the Judge that afternoon. Courtesy copies of bulky motions and their exhibits tabbed for ready use should always be delivered in chambers together with copies of notices two days before presentment, to permit review by the Judge before presentation. |
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| 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 in form required by Court General Order. | ||||||
| Motion to Continue Stay in Effect or Impose Stay | 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:
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| Proper Service of Notice | Notices of motion will be reviewed for proper service of notice.
For all contested matters (as defined in Bankruptcy Rule 9014), counsel are reminded that the motion must be served in compliance with Rule 7004, and 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, or on creditor who has designated otherwise by claim filing or national registry. Service of a corporation at a Post Office Box to which payments are sent is not sufficient under Rule 7004(b)(3) unless the creditor so designates by claim filing or through national registry. CERTIFICATION THAT SERVICE WAS BY ONE OF SEVERAL POSSIBLE METHODS WITHOUT SPECIFING WHICH METHOD WAS ACTUALLY USED WILL BE STRICKEN. |
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| Motions for Approval of Attorneys’ Fees | Cases filed under Chapters 7, 11 and 12:
Chapter 13 fee applications will be taken under advisement for review in chambers, subject to possible notice by the court for hearing. 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 they have a Model Retention Agreement in form approved by the Court and signed by the debtor within the default limit of $3,500 for all services to end of case. Copy of the signed Model Retention Agreement must be filed and accompany fee application. Since such Agreement is offered in lieu of time itemization, it must thereby be made available for court review; otherwise, the fee sought will be reduced to $2,500 unless time itemization is submitted. When cases are dismissed prior to confirmation, the fees will be allowed only up to $2,500 unless counsel submits some showing of extraordinary value of the service to the debtor supported by records of time and work required for such service. Additional Fees |
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| Pretrial and Trial Procedures | Pretrial Orders will be enforced unless some good reason shown by motion warrants modification. |