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Changes in Procedures for Judge Waites' Cases

Fri, 08/24/2012 - 5:00am

Judge Waites would like to advise the bar of the following changes to his procedures that will be effective for motions filed on or after September 1, 2012:

Motions to Extend the Automatic Stay: For all motions to extend the automatic stay filed in Chapter 13 cases before Judge Waites, an affidavit of the movant shall be filed supporting such motion, which provides the information necessary to determine whether the requirements of 11 U.S.C. Section 362(c)(3) are met. The affidavit must be filed at the same time as the motion to extend the automatic stay. The chapter 13 plan and all schedules must be filed by no later than five (5) business days prior to the scheduled hearing on the motion to extend the automatic stay. The motion may be granted in advance of the hearing, which would allow removal of the hearing, if the affidavit is timely submitted, there are no objections by parties in interest, and the trustee consents to the extension.

Motions to Reconsider Dismissal: All motions to reconsider dismissal filed in Judge Waites' cases should now be scheduled on the appropriate consent calendar. If the debtor pays outstanding trustee payments to the trustee, there are no objections by parties in interest, and the court approves a consent order submitted by debtor and the trustee, the motion to reconsider may be removed from the court calendar in advance of the hearing.

Motions for Relief from Co-Debtor Stay: Chapter 13 co-debtor stay relief motions should be scheduled on the dates and times provided for other types of stay relief motions, which are shown on the section 362 calendar published on the Court's web page.

Motions to Establish Priority of Tax Claim: All motions to establish priority of tax claim should now be scheduled on the appropriate consent calendar.

A revised scheduling chart is attached here.

In addition, Judge Waites would like to remind the bar of the following procedures, which are already in effect:

Motions for Extensions of Time to File Schedules & Statements: Absent detailed grounds set forth in a motion to extend time to file schedules & statements, Judge Waites will normally grant only a 10-day extension to file schedules & statements without a hearing in Chapter 7 and 13 cases. Extension requests for refiling debtors who have a prior case filed by an attorney (as opposed to being filed pro se) that was dismissed within the previous year may be denied or set for an expedited hearing.

Debtor's Objections to Claims: Orders on debtor's objections to claims will be rejected if the grounds for relief are not adequately stated in the order. The order should not merely sustain the objection or reference the grounds stated in the objection.

Calendar Reporting Requirements for Chapter 7 and 11 Cases: Judge Waites has amended his chambers guidelines to require joint statements of dispute to be filed for contested matters in Chapter 7 and 11 cases by no later than 10:00 a.m. two business days prior to a scheduled hearing.