THANK YOU FOR VISITING THE CHAMBERS WEBSITE FOR THE HONORABLE HOWARD R. TALLMAN
Our website has been designed to provide useful information for those who come before the Court in Courtroom B. We welcome your input with regard to those things you might find useful on this site.
When answers to complaints have been filed with the
Court, the Court will issue its Order for Compliance with Rule
7026, F.R.Bankr.P. (Rule 26(f), Fed.R.Civ.P.) and Notice of Telephonic
Scheduling Conference. Please note that failure to file the
report pursuant to Fed.R.Bankr.P. 7026(f) may result in sanctions
against the non-filing party.
Parties are encouraged to consider mediation to resolve their dispute pursuant to Local Bankruptcy Rule 9019-2. Parties should be prepared at the Rule 7016 scheduling conference to discuss their availability for and timing of any mediation during the pendency of the adversary proceeding.
After the scheduling conference has been held, the Court will issue its
Order and Notice of Trial Pursuant to Fed.R.Bankr.P. 7016 (Fed.R.Civ.P.
16(b). This Order will outline various deadlines and notice the
final pretrial conference, if necessary, and the date for trial as appropriate.
+Chapter 13 Confirmation Procedures:
- Please click here to view the Chambers Policy of Hon. Howard R. Tallman With Respect to Chapter 13 Plan Provisions Added to Section V.G. of the Model Chapter 13 Plan L.B. Form 3015-1.1.
- Please refer to Local Bankruptcy Rules 3012-1 and 3015-1 and related forms for current procedures used by Chambers at this time.
+Copies for Chambers:
Pursuant to Local Bankruptcy Rule 9004-1(g), parties who file electronic documents with the Court are to provide Chambers with a hard copy of 1) Chapter 11 disclosure statement; 2) Chapter 11 plan of reorganization; 3) Motions for Summary Judgment (and all supporting documents); and 4) any other document requested by chambers.
Pursuant to Local Bankruptcy Rule 9070-1, the Court requires an original and two copies of all exhibits for hearing or trial. The original is for the witness, the copies are for the Court and the law clerk. Counsel shall provide copies of all exhibits to opposing counsel prior to trial.
Exhibits shall be marked for identification -- numbers for Plaintiffs,
letters for Defendants.
+Motions and Proposed Orders:
Local Bankruptcy Rule 9013-1(a)(1)(C) states that all motions, applications or other requests for relief must be accompanied by a proposed order on a separate sheet of paper. Failure to provide a proposed order when filing a motion will result in delays in processing.
If specifically requested by Chambers, counsel may email a proposed order to CourtroomB@cob.uscourts.gov
If you have a telephonic hearing on the Court’s docket, please refer to the Order setting the hearing on whether or not the Court will contact you directly.
Please be aware that some hearings, because they are on a trailing docket, may be delayed. Counsel/parties shall remain available until contacted by the Court.
+Trailing Trial Dockets:
Due to increasingly large numbers of adversary proceedings, it is often necessary to set trials on a trailing trial docket. Although the Court will attempt to provide parties with a set trial date and time during the week of the trailing trial calendar, it may not always be possible to do so. In which event, the following procedures will apply unless otherwise Ordered by the Court:
- The docket will be called at 9:00 A.M. to determine
whether any matters have been resolved and can be stricken from the
- Cases will be tried in the order scheduled, with the first trial
to commence IMMEDIATELY AFTER THE DOCKET CALL AT 9:00 A.M.
At the completion of the first case on the docket the Court will
immediately commence the trial on the second case, and will proceed
through the docket in this manner.
- The parties shall be present in the courtroom with their
witnesses and prepared for trial when the docket is called at 9:00
A.M. and when their case is called. If one party is absent or not
prepared to proceed when the docket is called or a case is called,
judgment will be forthwith entered in favor of the party present. If
both parties are absent, the case called will be dismissed.
- Trial briefs or memoranda, though not mandatory, may be filed to
assist the court in its deliberations. Any such briefs should be
filed approximately one full week prior to the trial date to afford
adequate time for the Court's review.
- If a matter is settled, Plaintiff will be responsible to
promptly advise the court. In the event the matter is resolved,
however, the trial shall be vacated only upon (1) receipt of a
stipulation or agreement of the parties no later than the day before
the scheduled trial, or (2) appearance by at least one of the
parties at the trial, in person or via telephone, who shall read the
agreement into the record.
- Continuances will rarely be granted and only for exceptional
circumstances. Motions for continuance filed shortly before trial
will be summarily denied, unless good cause is shown.
+Vacating Hearings :
If you have reached a settlement of issues before the
Court, please notify the Court as soon as possible if it is your
intention to vacate a hearing. Hearings will only be vacated upon the
receipt of a stipulation or agreement between the parties. In the
alternative, if a stipulation or agreement is in process, one of the
parties may appear at the hearing (or arrange for the hearing to be
telephonically conducted) to read the stipulation/agreement into the