Judge A. Benjamin Goldgar
| Courtroom 613 Chambers: (312) 435-5642 Courtroom Deputy: (312) 435-5531 Information line: (312) 435-6012 |
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Procedures for Cases Assigned to Judge A. Benjamin Goldgar
| Chicago Hearings on Motions: |
PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE NOT SITTING
Motions and Confirmation Hearings in Chapter 13 Cases:
Motions in Chapter 7 and 11 Cases:
Noticing Motions for Set Matter Time: If a case or adversary proceeding is already on the set matter call for a particular day, a motion may be noticed for the set matter time on that day to be heard with the set matter. The motion need not be noticed for the original motion time. Return dates: Return dates in adversary proceedings are treated as set matters and should be scheduled for the set matter time. | |||||||||||||||||||||
| Lake County Hearings on Motions: |
JUDGE GOLDGAR HOLDS COURT IN LAKE COUNTY APPROXIMATELY EVERY THIRD FRIDAY. PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR LAKE COUNTY COURT DATES.
Motions and Confirmation Hearings in Chapter 13 Cases:
Motions in Chapter 7 Cases:
Motions in cases where the debtor resides in Lake County are heard in Lake County and must be noticed for an appropriate date and time in Lake County, not in Chicago. Noticing Motions for Set Matter Time: If a case or adversary proceeding is already on the set matter call for a particular day, a motion may be noticed for the set matter time on that day to be heard with the set matter. The motion need not be noticed for the original motion time. Return dates: Return dates in adversary proceedings in Lake County cases are treated as set matters and should be scheduled for the appropriate set matter time in Lake County. Proceedings in Chicago by Agreement: If all parties agree, adversary proceedings and contested matters in Lake County cases may be transferred and heard in Chicago. Transfer may be raised with the court informally at a status hearing or other court appearance; no formal motion for transfer is necessary. Trials in Lake County Cases: All trials in Lake County cases are conducted in Chicago. Under no circumstances will matters be tried in Lake County. | |||||||||||||||||||||
| Motions Ruled on in Chambers: | Where appropriate, motions will be ruled on in advance in chambers and will be listed on the call sheet as either “Granted” or “Stricken.” (No motion will be denied in advance.) If a motion has been granted but the order submitted with the motion changed in any respect, the motion will be listed as “Granted as Modified.” If a motion has been ruled on in advance, the motion will not be called unless a party objects to the ruling and asks the courtroom deputy before the motion call begins to have the motion heard. To see whether a motion has been ruled on in advance in chambers, check the “court calendar” portion of Judge Goldgar’s web page. |
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| Motions for Relief from Automatic Stay: | Motions for relief from the automatic stay must be accompanied by a properly completed Required Statement to Accompany All Motions for Relief From Stay. | |||||||||||||||||||||
| Motion to Extend or Impose Automatic Stay: | Motions to extend the automatic stay in effect pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay under 11 U.S.C. § 362(c)(4) must:
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| Motions for Approval of Attorneys’ Fees: | Cases filed under Chapters 7, 11 and 12: 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: Any attorney seeking approval of fees in Chapter 13 cases must file an application with an itemization of time in tenths of an hour and a description of the services rendered, unless the attorney has entered into the court's Model Retention Agreement. In cases filed after May 1, 2007, attorneys who have entered into the court's Model Retention Agreement may receive an award of fees up to $3,500 for services through the close of the case without submitting an itemization. See General Order No. 07-02 and Judge Goldgar's Standing Order No. 3 (as amended May 30, 2007). In cases filed before May 1, 2007, attorneys who have entered into the court's Model Retention Agreement may receive, depending on the option chosen in the application, either an award of fees up to $3,000 for services through the close of the case, or an award of fees up to $2,500 through plan confirmation, without submitting an itemization. See Judge Goldgar's Standing Order No. 3. |
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| Discovery Motions: | See Standing Order No. 4 | |||||||||||||||||||||
| Summary Judgment Motions: | Strict compliance with Local Rules 7056-1 and 7056-2 is required in the briefing of all summary judgment motions. | |||||||||||||||||||||
| Emergency Motions: | To schedule an emergency motion, contact chambers at (312) 435-5642. The motion must include an explanation why the matter has to be heard on an emergency basis. To qualify as an “emergency,” a motion must stem from an unforeseen circumstance that arises suddenly and unexpectedly and that requires immediate action to avoid serious or irreparable harm. Courtesy copies of the filed and noticed motion and any supporting materials must be supplied to chambers in advance of the hearing. | |||||||||||||||||||||
| Telephonic Participation in Hearings: | Telephonic participation is available for hearings in Chicago under limited circumstances. See Standing Order No. 5. Telephonic participation is not available for hearings in Lake County. |
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| Courtesy Copies of Motions (copies to be delivered to chambers): | Except for emergency motions, courtesy copies of motions and briefs are not required. | |||||||||||||||||||||
| Service of Motions: | In contested matters (as defined in Bankruptcy Rule 9014), service of motions must comply with Rule 7004. Corporations must be served in accordance with Rule 7004(b)(3) by serving an officer, a managing or general agent, or an agent authorized by appointment or by law to receive service of process. Service on a corporation at a P.O. Box to which payments are sent is not sufficient. | |||||||||||||||||||||
| Stricken Motions: | Motions that are formally deficient will be stricken. A motion is formally deficient if, among other things, (a) the motion fails to give proper notice to the proper parties in the proper manner as required by the Bankruptcy Rules or Local Rules, (b) the motion is noticed for an incorrect date, time, or location, or (c) the motion fails to attach materials required to be attached under the Bankruptcy Rules or Local Rules. A motion will also be stricken if, without explanation, the movant fails to appear to present the motion. Effect of an Order Striking a Motion: If a motion has been stricken, a party wishing to have the court consider the request made in the stricken motion must file a new motion making that request. Renoticing the stricken motion is insufficient. |
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| Oral Argument and Ruling Dates on Contested Motions: | Motions that have been briefed will be taken and decided on the briefs. Oral argument on motions will not be entertained unless specially set by the court or specifically requested for good cause shown. When a briefing schedule is set by counsel, a ruling date will also be set. On the ruling date, the court will either rule orally or will deliver to the parties in court a written ruling. | |||||||||||||||||||||
| Pretrial Procedures: | Status Hearings and Discovery: Each adversary proceeding is set for an initial status hearing and for periodic status hearings thereafter. At the initial status hearing, a discovery cutoff will be set. Discovery cutoffs will generally be extended for cause until a final discovery cutoff is set. At the status hearing following the final cutoff and the close of discovery, a trial date will be scheduled. Final Pretrial Order: The trial date will be set forth in a final pretrial order sent to the parties. The final pretrial order will 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 will 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). |
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| Trial Procedures: | Opening statements and closing arguments are discouraged and will be allowed only if specially requested by the court or requested by counsel for good cause shown. |