On April 12, 2021, Judge Gregg implemented the Mortgage Modification Program (the "MMP"), which is a pilot program establishing procedures to facilitate the potential modification of mortgages, deeds of trust and other instruments encumbering the primary residence of a chapter 13 debtor. The MMP is the result of a collaborative effort undertaken by an ad hoc committee representing the interests of consumer debtors, chapter 13 trustees, mortgage holders/servicers, and mediators. The MMP is available for use in all chapter 13 cases currently pending before Judge Gregg.
Any party seeking to commence the MMP should carefully review the procedures, which are available here as a PDF and here as a webpage. The MMP requires the use of a “portal” for the efficient and timely exchange of information. In addition, certain forms are prescribed for use in order to reduce the fees and expenses of all parties. The forms are available via hyperlinks embedded in the MMP procedures and separately in the Appendix available here.
Judge Gregg invites parties to provide comments with respect to the MMP by sending an email to JTG_Chambers@miwb.uscourts.gov. Upon receipt of any comment, Judge Gregg will circulate it to the ad hoc committee for consideration.
Effective July 14, 2020, Judge Gregg has implemented the following temporary procedures, which shall remain in effect until further notice sent via CM/ECF:
1. Remote Participation. Unless otherwise stated on the docket in a particular case or adversary proceeding, Judge Gregg shall hold all non-evidentiary hearings, status conferences, and pretrial conferences (collectively, "Hearings") telephonically and/or by video. Parties may arrange to participate and/or observe any Hearing without charge pursuant to the procedures set forth in detail HERE. The public is also invited to observe all Hearings pursuant to the same procedures. The court shall separately establish procedures for use in evidentiary hearings and trials by entering a scheduling order or pretrial order on the docket in a particular case or adversary proceeding. Any person who encounters difficulty registering to participate in a Hearing should contact Ms. Valerie Wyn, the Courtroom Deputy, at (616) 456-2906.
2. Notice and Opportunity. Notwithstanding LBR 9013(c)(4) – (5), other than plan confirmation hearings, parties are required to use the notice and opportunity procedures set forth in LBR 9013(c); provided, however, that the court will schedule a telephonic hearing upon the filing of a separate docket entry entitled “Request for Hearing.”
3. Motion Day Calendar. One business day prior to any chapter 13 motion day, the court shall post an updated calendar on its website stating which matters are being adjourned and whether the trustee is recommending confirmation. In lieu of calling all matters on the court’s calendar, the court shall call only those matters that have not been designated in advance as adjourned or withdrawn. In the event that the chapter 13 trustee is recommending confirmation of a plan and no objections have been timely filed, the court will either confirm the plan or notify the parties of a separate date and time to address any concerns that the court may have.
4. Chapter 13 Plan Modification. [Repealed on April 21, 2021]
5. Comments. Judge Gregg welcomes suggestions or comments with respect to these procedures in order to ensure that they meet the ongoing needs of the public and the bar in an efficient and cost-effective manner. Parties should contact Ms. Valerie Wyn, the Courtroom Deputy, at (616) 456-2906 with any suggestions or comments.