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United States Bankruptcy Court
Western District of Michigan
Michelle M. Wilson, Clerk of Court
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Chief Judge Scott W. Dales
Judge James W. Boyd
Judge John T. Gregg
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Judge John T. Gregg
Communications With Chambers
Chambers personnel cannot give legal or procedural advice. The Court’s procedures are governed by the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Western District of Michigan, which are available on this website. These procedures are intended as a supplement to those rules, and not as a substitute. These procedures relate solely to Judge Gregg and not to the other Judges of this Court, who have adopted their own procedures.
Telephone calls to chambers are permitted, but should be made only when necessary. Parties with questions concerning scheduling matters should contact the Courtroom Deputy, Valerie Wyn, at (616) 456-2906. Please do not call chambers to inquire as to why a hearing has been scheduled. Chambers personnel cannot provide case information. All calls pertaining to case information and docket entries should be directed to the Clerk of the Court at (616) 456-2693, or parties may view dockets on PACER. Inquiries regarding ECF Procedures should also be directed to the Clerk of the Court by telephone at (616) 456-2693 or email at
Letters to Judge Gregg are discouraged; written communications should be made only by pleadings filed on the Court’s docket. Letters to Judge Gregg from
parties may, at Judge Gregg’s discretion, be treated as pleadings and docketed as such. All letters and other communications sent to Judge Gregg with respect to pending matters will be filed on the Court’s docket.
Requests for Adjournments.
Requests for adjournments of hearings should be made by contacting the Courtroom Deputy, Valerie Wyn, at (616) 456-2906. Adjournments will generally be granted if all parties participating in the hearing have agreed to the adjournment and Ms. Wyn has confirmed the adjournment. Absent consent from all parties, a motion requesting adjournment must be filed and a proposed order uploaded through the Court’s order signing program. Absent good cause shown, adjournments are not permitted for hearings scheduled by the Court, evidentiary hearings, or trials. The Court’s procedures regarding adjournments will be strictly enforced to prevent prejudice.
Participation by Telephone.
Participation by telephone is generally not permitted.
Filing of Motions.
The Court’s ECF Procedures only permit traditional papers to be filed in very limited circumstances. In those circumstances, where a motion may be filed in traditional paper form rather than electronically, the motion or other request for relief should be filed with, and addressed to, the Clerk of the Court, United States Bankruptcy Court, One Division Avenue, North, Grand Rapids, Michigan 49503. Unless specifically requested by Judge Gregg, copies of pleadings should not be sent or delivered to chambers.
Unless otherwise ordered by the Court, a moving party may file a reply to any response or objection. Sur-replies and post-hearing briefs are not permitted absent leave from the Court.
The Court encourages use of the notice and opportunity procedures set forth in LBR 9013. When a motion or other request for relief is filed without using the notice and opportunity procedures, the Court will schedule a hearing on one of the Court's regular motion days. The parties will be notified of the date and time of the hearing. Evidence will not be taken at the hearing unless the Court has previously notified the parties otherwise, or the relief requested is of an emergency nature. If the Court determines that the relief requested requires an evidentiary hearing, the Court will schedule it for a separate date and time.
Stipulations and Agreed Orders.
Any form of agreed upon relief should be filed as a stipulation and accompanied by a separate proposed order.
Discovery motions are not encouraged. Parties should either “meet and confer” before filing any motion requesting relief related to a discovery dispute or certify in the motion that attempts to “meet and confer” were unsuccessful.
Requests for Emergency Hearings or Expedited Hearings.
Requests for an emergency hearing or an expedited hearing should be made pursuant to separate motion. A proposed order granting any such request should accompany the motion. A form proposed order is available
In the event that the Clerk of the Court has deemed a motion or other request for relief to be defective, any filing that cures the defect should be labeled as “corrected,” identify the defect being corrected and any other changes to the original, and refer to the docket number of the original but defective document.
relief are discouraged. In the event that a party seeks
relief, the request should specifically state the reasons why relief can be granted without a hearing and without notice.
Submission of Orders and Form.
Every request for relief should be accompanied by a separate proposed order filed on the docket and uploaded, at the appropriate time, through the Court’s order signing program. A form proposed order is available
, but use of the form is not mandatory. A proposed order should state the relief being granted or denied and not simply refer back to the motion or other request. A proposed order should also state whether a hearing was held, the date of such hearing, and whether responses or objections were overruled or sustained. A proposed order should not purport to grant relief not specifically requested in the motion or other request.
Inquiries to Chambers Regarding Entry of Orders.
Telephone calls to chambers concerning the status of orders that have been submitted for entry through the Court’s order signing program are strongly discouraged unless the order pertains to (i) a request for an emergency hearing, (ii) a request for a first day hearing in a Chapter 11 case, or (iii) a time sensitive matter. Inquiries relating to the aforementioned should be directed to the Judicial Assistant, Martha Ledezma, at (616) 456-2233.
Pro Hac Vice Admission
The Court routinely grants applications for admission
pro hac vice
filed in accordance with LBR 9010-3. A proposed order should accompany any such application and be uploaded through the Court’s order signing program.
The Court strongly encourages, but does not require, the retention of local counsel.
Upon the filing of an answer, the Court will enter an order establishing initial procedures and scheduling a pretrial conference. In person attendance at the pretrial conference is required unless leave from the Court is first obtained.
Report Pursuant to Fed. R. Bankr. P. 7026(f).
A form report for use by the parties can be accessed
Notice and Opportunity.
Parties should not use the notice and opportunity procedures under LBR 9013 in connection with motions filed in adversary proceedings (including dispositive motions). Upon the filing of a motion in an adversary proceeding, the court will schedule a hearing and establish deadlines by which any response and reply must be filed and served. The Court will not, however, reiterate such deadlines in the event that a pretrial order or other order establishing these deadlines has already been entered.
If a trustee or other estate representative seeks to settle a cause of action belonging to the estate, the request for approval of the settlement must be filed and served in the underlying bankruptcy case (not the adversary proceeding).
Motions for default judgments will not be granted unless all of the following are included:
a description of the nature of the claim;
an affidavit stating that this Court has subject matter jurisdiction over the proceeding;
an affidavit stating that this Court has personal jurisdiction over the defendant;
an affidavit stating that the defendant is not (i) an infant; (ii) an incompetent; or (iii) in the military;
the entry of a default stating that the defendant was properly served and failed to answer/appear; and
all required substantiating documentation.
If the plaintiff seeks an award of damages in a motion for default judgment, the plaintiff must also include:
a request for an amount equal to or less than the principal amount demanded in the complaint;
definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined at an evidentiary hearing;
an affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;
a request for interest, if interest is sought, on the principal amount not to exceed the judgment rate under Michigan law or other applicable authority if a different rate is sought; and
the calculations made in arriving at the proposed judgment amount.
Any motion for a default judgment must be accompanied by a proposed judgment.
Interim and Final Requests.
Unless otherwise expressly requested, a fee application shall be construed as a request for interim compensation pursuant to 11 U.S.C. § 331. A form order approving interim compensation under 11 U.S.C. § 331 is available
. All interim compensation awards are subject to further review by the court in connection with the final application for compensation under 11 U.S.C.§330. A form order approving a final application for compensation under 11 U.S.C. § 330 is available
. Every application for compensation that is filed using the notice and opportunity to object procedures under LBR 9013(c) must include the applicable form notice prescribed by LBR 2016-2(c). In the event that a fee application is filed without using the notice and opportunity to object procedures under LBR 9013(c), the court will schedule a hearing on the application in the ordinary course.
Disclosure of Hourly Rates.
To the extent an applicant is seeking a rate in excess of (a) the applicable presumptive hourly rate as determined by the Memorandum Regarding Allowance of Compensation and Reimbursement of Expenses for Court-Appointed Professionals (as amended from time to time and attached to the LBR), or (b) the rate previously approved in a retention order, the higher rate should be conspicuously stated in the fee application itself, not merely included in the itemized statement.
Extending the Automatic Stay
Request for Relief.
A motion to extend or impose the automatic stay under 11 U.S.C. § 362(c) should provide the factual and legal basis for continuing or imposing the automatic stay, identify the case number(s) of the previously dismissed case(s), and state which creditors (e.g., all) would be subject to the relief if granted. The court encourages the movant to file a supporting affidavit or declaration.
Notice and Opportunity to Object.
Motions to extend or impose the automatic stay may be filed using the notice and opportunity to object procedures under LBR 4001-5 and LBR 9013.
If a motion to extend or impose the automatic stay is not filed on a notice and opportunity to object basis, the court will schedule the motion for hearing in the ordinary course. A movant should therefore consider filing a separate motion under LBR 9013(i) for an expedited hearing. Any hearing on a motion to extend or impose the automatic stay will be evidentiary in nature.