Judge James W. Boyd

Staff Information

Judicial Assistant	616-456-2264
Law Clerk	616-456-2052
Courtroom Deputy	616-456-2290

Judge Tabs

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

Motions

Motions to Extend Stay

A motion to extend stay must be filed in compliance with LBR 4001-5.
If filed pursuant to LBR 9013, it must be accompanied by an affidavit or unsworn declaration under 28 U.S.C. § 1746 setting forth the facts upon which the motion is based.
If not filed pursuant to LBR 9013, the motion will be set for hearing. If the motion is not accompanied by an affidavit or unsworn declaration, the debtor must testify at the hearing concerning the facts upon which the motion is based.

Motions to Reduce Time Period for Notice[1]

A motion that seeks to reduce or shorten a specific time period required for notice (for instance, a motion for sale of property requiring 21 days’ notice under Fed. R. Bankr. P. 2002) must include the following:

a. The specific time period the movant seeks to shorten, including a citation to the appropriate rule;

b. An averment that reduction of time is not prohibited by Fed. R. Bankr. P. 9006(c)(2); and

c. The reason or cause pursuant to Fed. R. Bankr. P. 9006(c)(1) for seeking the reduction.

A motion that does not include all of the information required under ¶ 1 will be denied without prejudice.

Motion for Sale of Property Post-Confirmation in a Chapter 13 Case

A motion for sale of property post-confirmation in a chapter 13 case must include the following:

a. An identification of the property proposed to be sold, including the legal and common description of real property;

b. A statement indicating whether, under Section IV(B) of the confirmed plan, the property proposed to be sold remained property of the estate or vested in the debtor at confirmation; and

c. A statement indicating whether the movant is seeking to sell the property pursuant to 11 U.S.C. § 363(b) and/or § 363(f), or is simply seeking a “comfort order” approving the sale.

A motion that does not include all of the information required under ¶ 1 will be denied without prejudice.

Motion to Incur Debt Post-Confirmation in a Chapter 13 Case

If the Debtor seeks the Court’s authority to incur debt pursuant to Section IV(C) of a confirmed plan:

Upon stipulation by the Chapter 13 Trustee, the Debtor may upload a proposed order approving the stipulation.
If the Chapter 13 Trustee does not stipulate to the motion, the Debtor may:

a. File the motion under Notice with Opportunity to Object [14-day notice period] pursuant to LBR 9013(c)(1); or

b. File the motion and request a hearing on the motion, which will be scheduled in accordance with Fed. R. Bankr. P. 9006(d) [notice of hearing at least 7 days prior to hearing].

[1] Please review Fed. R. Bankr. P. 9006(d) prior to filing this type of motion.

Orders

E-order program: 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.

Adversary Proceedings

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 here.
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.

Default Judgments

Service. Motions for default judgment will be set for hearing. The plaintiff must serve the notice of hearing and the motion for default judgment on the defendant notwithstanding Fed. R. Bankr. P. 7055 and Fed. R. Civ. P. 55(b)(2).
Procedures for Hearing. At the hearing on a motion for default judgment, the court will consider whether the uncontested facts alleged by the plaintiff constitute a legitimate cause of action. In making this determination, the court will “generally accept the well-pled factual allegations of [the] complaint (except those relating to the amount of damages) as true.” See Columbiana County School Employees Credit Union, Inc. v. Cook (In re Cook), 342 B.R. 384 (6th Cir. B.A.P. Apr. 3, 2006) (unpublished opinion). However, “if the complaint sounds in fraud,” or if “the allegations in the complaint are largely conclusory,” the plaintiff may be required to present proofs or testimony at the hearing to establish each element of its asserted cause of action. Id.; see FCC Nat’l Bank v. Roberts (In re Roberts), 193 B.R. 828 (Bankr. W.D. Mich. 1996).

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 here.

Summary Judgment

Statement of Undisputed Material Facts. Every motion for summary judgment pursuant to Fed. R. Bankr. P. 7056 must be accompanied by a separate statement of material facts which the movant contends are undisputed. Each fact must be set forth in a separate numbered paragraph and must include a specific citation to material allowed by Fed. R. Civ. P. 56(c) that establishes the fact. Failure to submit such a statement may constitute grounds for denial of the summary judgment motion.
Response to Statement of Undisputed Material Facts. Every response to a motion for summary judgment must be accompanied by a response to the movant’s statement of undisputed material facts. The response must separately address each paragraph of the movant’s statement by:
a. Agreeing that the fact is undisputed;

b. Agreeing that the fact is undisputed for the purposes of summary judgmnent only; or

c. Stating that the fact is disputed as demonstrated by specific citation to material allowed by Fed. R. Civ. P. 56(c).

The response may also include a statement of additional material facts that the respondent contends are disputed and require denial of the motion.
Facts Deemed Admitted. In deciding a motion for summary judgment, material facts identified and adequately supported in the movant’s statement of undisputed material facts are deemed to be admitted, except to the extent such facts are: (a) disputed in the opposing party’s response, and (b) adequately controverted by evidence filed in support of the response.
Evidence. The movant is responsible for filing with the court all necessary evidentiary documents cited in the motion. The respondent is responsible for filing with the court all necessary evidentiary documents cited in the response.
Deadlines and Hearing Date. Upon the filing of a motion for summary judgment, the court will generally issue a scheduling order establishing a deadline for the filing of the response required by ¶ 2 of this section and scheduling a hearing.

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:
1. Final hearings on motions for relief from stay. LBR 4001-1(c).
2. Motions to continue automatic stay. 11 U.S.C. § 362(c).
3. Motions to use, sell, or lease property (including cash collateral), or to obtain credit. 11 U.S.C. § 363 and § 364.
4. Motions for injunctive relief. Fed. R. Civ. P. 65.
5. Motions to convert and/or dismiss a chapter 11 case. 11 U.S.C. § 1112(b).
6. Chapter 11 confirmation hearings.

Discovery Motions

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.

United States Bankruptcy Court

Western District of Michigan

Michelle M. Wilson, Clerk of Court

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Judge James W. Boyd

Staff Information

Judge Tabs