| Rockford |
PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE BARBOSA IS NOT SITTING
| Motions in Chapter 7 Cases: |
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Original (New) Motions: |
Mondays and Wednesdays at 9:30 a.m. |
| Motions in Chapter 11 Cases: |
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Wednesdays at 10:30 a.m. |
| Motions in Chapter 12 Cases: |
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Every-other Friday at 1:30 pm (please see the available court dates for Chapter 12 matters) |
| Motions in Chapter 13 Cases: |
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Original motions: Scheduled Chapter 13 dates at 9:00 a.m.
*If motion is combined with an objection to confirmation, set the matter at 11:00 a.m. with the confirmation hearing. |
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| Geneva |
Original Chapter 7 motions at 10:00 a.m.
Original Chapter 13 motions at 11:00 a.m.
*If motion is combined with an objection to confirmation, set the matter at 11:30 a.m. with the confirmation hearing |
| Motions Granted in Chambers |
All Chapter 7 and 11 motions are heard in open court. Chapter 13 matters 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. |
| Courtesy Copies of Motions (copies to be delivered to chambers) |
None requested. However, if any attachment or exhibit to a motion exceeds 50 pages, a hard copy should be provided to chambers. |
| Case law |
Pursuant to Standing Order no. 9, any cases cited must be attached to the pleading. |
| Motions to Avoid Lien |
Schedule C must be attached to the motion. See Standing Order 4. The motion must state grounds to avoid the lien, including the value of the property, of the lien and of the claimed exemption. |
| 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, as required in Standing
Order No. 4. |
| Motion to Continue Stay in Effect |
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; and |
3. |
State in detail the bases for continuing the stay in effect or imposing the stay. |
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| Service of Motions |
For all contested matters (as defined in Bankruptcy Rule 9014), the motion or request
must be served in compliance with Rule 7004. 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. Service of a corporation at a P.O. Box to
which payments are sent is not sufficient under Rule 7004(b)(3). |
| Motions for Approval of Attorneys’ Fees |
Cases filed under Chapters 7, 11 and 12:
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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 :
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Motions for approval of fees pursuant to the Model Retention Agreement will be granted in chambers when a case is noted as “confirmed.” All applications that are not Model Retention Agreements must be itemized when they exceed $1200. |
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| Pretrial Procedures |
Discussed in open court on a case by case basis. |
| Trial Procedures |
Pursuant to trial order when entered and/or discussed in open court. |
| Emergency Motions |
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| Appearance by Telephone |
Permitted in Rockford only. Instructions for telephonic appearances. |