+Adversary Proceedings:

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:

+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.

+Exhibits:

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

+Telephonic Hearings:

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:
  1. The docket will be called at 9:00 A.M. to determine whether any matters have been resolved and can be stricken from the docket.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 record.