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United States Bankruptcy Court
Western District of Michigan
Daniel M. LaVille, Clerk of Court
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Federal & State Agencies - BR 5003(e)
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Chief Judge Scott W. Dales
Judge James W. Boyd
Judge John T. Gregg
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Judge James W. Boyd
Communications With Chambers
Chambers staff cannot give legal or procedural advice. Please refer to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules, found elsewhere on this web site.
Letters. Letters to Judge Boyd are discouraged. Letters to Judge Boyd, or copies of letters from counsel on pending matters, will be publicly docketed.
Facsimiles. Faxes to chambers are not permitted.
Telephone calls. Chambers staff cannot and will not provide case status information. If you are calling concerning a scheduling matter, please contact Courtroom Deputy Jessie Koerth at (616) 456-2290. If you are calling about an emergency [see LBR 9013(g)], please contact Judicial Assistant Shelli Elzinga at (616) 456-2264.
Requests for adjournments. A request for adjournment must be made no later than 2:00 p.m. on the day prior to the scheduled hearing. Contact Courtroom Deputy Jessie Koerth at (616) 456-2290 concerning adjournments. Adjournments are generally permitted provided all parties consent. Adjournments are generally not permitted for hearings set by the Court, evidentiary hearings, trials, or any matter scheduled for hearing that was served on the case’s official matrix of creditors. The Court will consider adjournment of such matters only upon the filing of a motion establishing good cause for the requested adjournment. The motion should also state whether opposing counsel concurs in the requested adjournment
: You MUST use the E-Order program to submit a proposed order for consideration.
Under Notice/Opportunity: If relief is requested under notice and opportunity and a proposed order is submitted prematurely, the order will be returned to counsel.
After a hearing: If a proposed order is submitted after hearing, the preamble should include the hearing date and city in which the hearing took place.
Relief from stay: The order must describe the collateral at issue.
Sale of property: Per LBR 6004, the order must include the legal description of the property.
Settlements: If a stipulation or settlement agreement is referenced in an order, the stipulation or agreement should be attached to the order; alternatively, the order may reference the stipulation or agreement by docket number if it was previously attached to another pleading, such as a motion.
First Pretrial Conference
. The Court will schedule a first pretrial conference after the answer is filed. This conference is used to identify the facts, claims, defenses, and other issues. The Court will issue a First Pretrial Order after this conference. Generally, the Court will encourage settlement and alternative dispute resolution at this conference. The Court will schedule a second pretrial conference generally 60-90 days in the future.
Report Pursuant to Fed. R. Bankr. P. 7026(f)
. The First Pretrial Order will generally require the parties to file a Rule 7026(f) report prior to the Second Pretrial Conference. A form report for use by the parties may be accessed
Second Pretrial Conference
. The Court will conduct a second pretrial conference if the matter is not resolved. The second pretrial conference will set deadlines for discovery, dispositive motions, and submission of witness lists, exhibits and legal memoranda. The Court will schedule either a final pretrial conference date or a firm trial date. A Second Pretrial Order will be entered memorializing these dates.
Motions for Summary Judgment
. In the Court’s discretion, the Court may schedule a status conference on a motion for summary judgment. Generally, the Court will issue a scheduling order requiring a response by a date certain and scheduling a hearing.
Chapter 11 Issues
If first day motions are filed, please comply with LBR 9013(g) and advise Judicial Assistant Shelli Elzinga at (616) 456-2264.
The Court no longer prepares a chapter 11 ballot report. Plan proponents are responsible for compliance with 11 U.S.C. § 1129(a)(8). See letter explaining
Telephonic or Video Appearances
Telephonic appearances are not allowed on the Court’s regular motion days. Do not ask the Courtroom Deputy for permission to appear telephonically.
Telephonic appearances are not allowed for first pretrial conferences. Telephonic appearances may be allowed for second pretrial conferences provided that the parties have complied with the First Pretrial Order; if you wish to appear telephonically for a second pretrial conference, you must request permission to do so by contacting Courtroom Deputy Jessie Koerth at (616) 456-2290, at least 24 hours in advance. However, if you have not complied with the First Pretrial Order, do not ask the Courtroom Deputy for permission to appear telephonically.
Telephonic appearances are not allowed for evidentiary hearings or trials. Do not ask the Courtroom Deputy for permission to appear telephonically.
In general, counsel may not appear in Traverse City by video from Grand Rapids, and counsel may not appear in Grand Rapids by video from Traverse City. In other words, if counsel is representing clients in a Traverse City matter, it is expected that counsel will appear in Traverse City, and if counsel is representing clients in a Grand Rapids matter, it is expected that counsel will appear in Grand Rapids. If you wish to appear by video and have a compelling reason to do so, contact Courtroom Deputy Jessie Koerth at (616) 456-2290, at least 72 hours prior to the scheduled hearing, to seek permission.
Taking Evidence on Motion Days
If a matter scheduled for a regular motion day is contested, and evidence is required, the Court will generally set the matter for an evidentiary hearing. See Fed. R. Bankr. P. 9014(e) (requiring reasonable notice to the parties of whether a hearing will be an evidentiary hearing at which witnesses will testify).
Certain matters scheduled for a regular motion day may require evidence and involve time constraints. Hearings on the following matters may be conducted as evidentiary hearings even if they are scheduled for a regular motion day:
Final hearings on motions for relief from stay. LBR 4001-1(c).
Motions to continue automatic stay. 11 U.S.C. § 362(c).
Motions to use, sell, or lease property (including cash collateral), or to obtain credit. 11 U.S.C. § 363 and § 364.
Motions for injunctive relief. Fed. R. Civ. P. 65.
Motions to convert and/or dismiss a chapter 11 case. 11 U.S.C. § 1112(b).
Chapter 11 confirmation hearings.
The court will not consider motions related to contested discovery unless, prior to the filing of the motion, the parties have conferred, through direct dialogue and discussion either in person or by telephone, and attempted to resolve their differences in good faith. Any discovery motion filed with the court shall include a statement of compliance with this requirement. The statement must contain sufficient facts to allow the court to evaluate the adequacy of the parties’ compliance or noncompliance with the meet and confer requirement. Failure to satisfy the meet and confer requirement and/or failure to include a statement of compliance with the discovery motion may result in denial of the motion.