Judge John T. Gregg

Staff Information

Martha Ledezma	Judicial Assistant	616-456-2233
Katherine Osborn	Law Clerk	616-456-2907
Valerie Wyn	Courtroom Deputy	616-456-2906

Judge Tabs

Communications With Chambers

General. 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. 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 ecfhelpdeskmiwb@miwb.uscourts.gov.
Letters. 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 pro se 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 at least two (2) business days in advance of the hearing date. Absent consent from all parties and confirmation from the court as to the adjournment, a request for an 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.
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.

Motions

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.
Reply Briefs. 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.
Hearings. 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.
Meet and Confer. Unless it is unduly burdensome, any request for relief must affirmatively state that concurrence of opposing counsel in the relief sought has been requested on a specified date and that the concurrence was denied.
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 here.
Defective Motions. 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.
Ex Parte Relief. Requests for ex parte relief are discouraged. In the event that a party seeks ex parte relief, the request should specifically state the reasons why relief can be granted without a hearing and without notice.

Orders

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 here, 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

Applications. 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.
Local Counsel. The Court strongly encourages, but does not require, the retention of local counsel.

Adversary Proceedings

Pretrial Conference. 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 here.
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.
Settlements. 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).

Default Judgments

Requirements. 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.
Damages. 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.
Proposed Judgment. Any motion for a default judgment must be accompanied by a proposed judgment.

Summary Judgment

1. Statement of Undisputed Material Facts. Every motion for summary judgment seeking relief under Fed. R. Bankr. P. 7056 must be accompanied by a separate statement identifying the material facts that the movant contends are undisputed. Each fact must be set forth in a separate numbered paragraph and must include a specific citation to material referenced in 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.

2. 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 judgment 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, thereby requiring denial of the motion.

3. 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.

4. 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. Any documents filed in support of, or in opposition to, a motion for summary judgment shall be labeled and bookmarked to ensure efficient navigation.

Fee Applications

Interim and Final Requests. Unless otherwise expressly requested therein, an application for compensation 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 here. 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 here.
Notice. 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 application for compensation 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 would be subject to the relief if granted. The court encourages the movant to file an affidavit or declaration in support of the motion.
Notice and Hearing. 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 using the notice and opportunity to object procedures, 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 unless the court indicates otherwise.

Chapter 13 Notice

Procedures. The procedures contemplated hereunder are being implemented to relieve, at least in part, certain administrative burdens on chapter 13 debtors and their attorneys due to the COVID-19 health crisis. The procedures are intended to promote the just, speedy and inexpensive determination of matters in chapter 13. A chapter 13 debtor may therefore file an ex parte motion requesting that the court establish notice and service procedures in a particular case. The court will evaluate any request based on the facts and circumstances of each case.
Forms. A form proposed order is available here. A form notice request is available here. The form notice request must be attached to the uploaded proposed order as a separate document. The court will summarily deny without a hearing any request to enter an order that deviates from the form order unless the movant sets forth and highlights in the motion the legal authority and reasons for such deviation.
Service of Interim Order. If the debtor files a motion to establish notice procedures and uploads a proposed order concurrently with the filing of the debtor’s initial proposed chapter 13 plan, the court will direct the Bankruptcy Noticing Center to serve the plan, along with the interim order (if entered) on the creditor matrix. In all other instances, the debtor will be responsible for serving the interim order on the matrix and/or any parties in interest subseqently added to the matrix or otherwise appearing in the case.
Modification. The form proposed order and the form notice request are subject to modification by the court from time to time. Attorneys are encouraged to use the form proposed order from the website each time a motion is filed.
Comments. Judge Gregg invites written comments from the bar regarding these procedures.

Mortgage Modification Program

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.

Remote Hearing Procedures

Effective January 1, 2023, Judge Gregg has implemented the following procedures, which shall remain in effect until further notice:

Remote Participation. Unless otherwise stated on the docket in a particular case or adversary proceeding, all hearings, trials, status conferences, and pretrial conferences shall be held in-person. In the event of exigent circumstances (e.g., illness), attorneys and parties may request to appear virtually pursuant to the procedures set forth here. The procedures shall be strictly enforced.
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. Parties should contact Ms. Valerie Wyn, the Courtroom Deputy, at (616) 456-2906 with any suggestions or comments.

United States Bankruptcy Court

Western District of Michigan

Michelle M. Wilson, Clerk of Court

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Judge John T. Gregg

Staff Information

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