How To Schedule A Hearing

How To Schedule a Hearing

Appendix VIII To VtLBR - Reference Guide for Noticing

Table of Hearing Times

Table of Available Hearing Dates

Form U-1 - Model Notice of Motion Under Conventional Procedure

Form U-1-11 - Model Notice of Motion Under Conventional Procedure for Use in Chapter 11 Cases

Form U-2 - Model Notice of Motion Under Default Procedure

Form U-2-11 - Model Notice of Motion Under Default Procedure for Use in Chapter 11 Cases

Model Certificate of Service for an Adversary Proceeding

Model Certificate of Service for a Bankruptcy Case

Video Conferencing Criteria and Instructions

Vermont Interactive Technologies Site Locations

Hearings scheduled by the Moving Party and Hearings scheduled by the Court.

Video Conferencing Criteria and Instructions

Default Procedure.

 
 

Minimum Notice.

Under Default Procedure.

Under Conventional Procedure.

Objection Deadlines.

Under Default Procedure.

Under Conventional Procedure.

Pick a hearing date, time, and location that meets or exceeds the Minimum Notice required. Factors to consider:

Multiple Motions.

Hearing Location.

Chapter.

Table of Available Hearing Dates and Times.

Preparing the Notice of Motion.

Minimum requirements for all notices.

Mandatory Language.

Notice of Motion Under Default Procedure.

Notice of Motion Under Conventional Procedure.

Service and Filing of Motion Papers and Notices of Motion.

Who to serve.

What to file with the Court

Hearings scheduled by the Moving Party and Hearings scheduled by the Court.

The Moving Party is to schedule routine, non-evidentiary motions. In doing so, parties may choose to utilize the default notice procedures, if applicable.

The Court will schedule evidentiary matters, pre-trial hearings and conferences, Confirmation hearings and Motions for Summary Judgment.

Video Conferencing Criteria and Instructions

Appearances via video conferencing will be available on designated calendar days, identified on the Court's website.

Per Vt. LBR 5073-1(d), p. 89: Out-of-state participants may participate in hearings through video conference if, at least seven days prior to the hearing, they file a motion showing cause, serve the motion on the other parties to the hearing, obtain Court approval, and contact the courtroom deputy to make necessary arrangements at the time of filing the motion.

Attorneys or pro se parties may appear at a remote video conferencing site when:

  1. their level of participation is for observation only,
  2. the attorney's appearance is merely to place consent on the record or work out a schedule on the record (for example Pre-Trial Conference),
  3. the length of combined attorney argument is not reasonably expected to last more than 15 minutes

Video Conferencing may not be used for:

  1. Chapter 12 & 13 Confirmation hearings
  2. Chapter 11 Confirmation hearings (except by attorneys or parties who meet above criteria)
  3. trials and evidentiary matters
  4. hearings requiring extensive legal argument, i.e., more than 15 minutes total (for example argument on Motions for Summary Judgment)
  5. hearings where the Court has specified in the hearing notice, or otherwise (eg., at a prior hearing) that parties must appear at the Court location

Special Video Conferencing Circumstances:

  1. Emergency weather conditions (when Video Conferencing is available & with permission from the Court)
  2. Trial witness - upon Order of the Court
  3. Extraordinary or other emergency circumstances (when Video Conferencing is available & with permission from the Court)

The Court has contracted for 4 video conferencing sites to be used on the designated video conferencing days identified in the two tables below. If you would like to appear at a site that has not been contracted for by the Court, you may make arrangements independently with VT Interactive Technologies (VIT). An additional site may be purchased for $20.00/hr based on site availability and arrangements being made directly with VIT at least 24 hours in advance of the hearing time. These arrangements may be made by contacting: Katrin Helgason, VIT Scheduling Coordinator at (802)728-1455 or khelgason@vitlink.org.

Questions concerning appearances via video conference should be addressed to the Courtroom Deputy.

Hearing Notices for Video Conferencing hearings are to contain the following language:

A HEARING ON THE MOTION and any responses will be held at [time] on [date] at the following locations: U.S. Bankruptcy Court, U.S. Post Office and Courthouse, 151 West Street, Rutland, Vermont and selected Vermont Interactive Technologies sites (see attached list*)

* The list of Video Conferencing locations is listed below and must be attached to the hearing notice. 

 

  VERMONT INTERACTIVE TELEVISION
SITE ADDRESSES FOR 2014
 
Brattleboro Brattleboro Union High School
131 Fairground Rd
Room 125
Brattleboro, VT 05301
(802) 257-2697
Montpelier Vermont Department of Labor (VDOL)
5 Green Mountain Drive
Montpelier, VT 05602
(802) 225-1187
White River Junction Community College of Vermont
CCV Upper Valley
145 Billings Farm Road
White River Junction, VT 05001
(802) 299-2006
Williston Blair Park
451 Lawrence Place
Williston, VT 05495
(802) 288-1581

For a complete listing of video locations and directions, please go to Vermont Interactive Technologies Site Locations.

 

Default Procedure. Certain requests for relief under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure may be determined without a hearing, provided that an opportunity for a hearing is presented to parties entitled to notice. Under this procedure, if an objection is timely filed, the Court shall hold a hearing on the date designated on the notice. If no objections are timely filed, the Court may enter an order without a hearing. The default procedure is optional.

Relief available using Default Procedure. The default procedure may be used for motions seeking the following relief:

abandonment of property (§ 554(b));

administrative expenses (other than professional fees), application to allow (§ 503(b));

automatic stay, motion for relief from § 362(d));

automatic stay, motion for relief from co-debtor (§ 1301);

automatic stay not in effect, motion for order (§ 362(c)(4));

change of venue (28 U.S.C. § 1412);

claims, objections to (§ 502(b));

compensation, application for (§§ 326, 330, 331, 503(b));

confirmation of proposed Chapter 13 plan after a debtor has testified and with Court approval (§ 1323);

conversion of a case (§§ 706, 1112(b), 1208, 1307);

credit counseling requirement, motion for permanent waiver of (§ 109(h)(4));

discharge in a Chapter 12 case (§ 1228(f));

discharge in a Chapter 13 case (§ 1328(h));

dismissal of a case for cause (§§ 707, 1112(b), 1208, 1307);

dismissal of a case for failure to pay filing fee (Fed. R. Bankr. P. 1006(a));

enlarging time to assume or reject a nonresidential lease (§ 365(d)(4));

enlarging time to file Chapter 11 plan and disclosure statement (§ 1121(d));

enlarging time to file Chapter 12 plan (§ 1221);

enlarging time to file complaint objecting to discharge or dischargeability (§§ 523, 727; Fed. R. Bankr. P. 4004(b), 4007(c));

enlarging time to file § 707 motion to dismiss (§ 707);

enlarging time to pay filing fee (Fed. R. Bankr. P. 1006(b));

examination of any entity (Fed. R. Bankr. P. 2004);

exemption, objection to claimed (Fed. R. Bankr. P. 4003(b));

final decree in Chapter 11 case (Fed. R. Bankr. P. 3022);

hardship discharge (§§ 1228(b), 1328(b));

judicial lien or non-purchase money security interest, motion to avoid (§ 522(f));

lease of property (§ 363(b)(1));

lease or executory contract, motion to assume or reject (§ 365);

lien or mortgage that is wholly unsecured, motion to strip (§ 506(a));

limit scope of employment and reduce scope of legal services (Vt. LBR 2016-1(h)(5));

mediation, motion for (Vt. LBR 4001-7);

modify plan post-confirmation (§§ 1229, 1329);

obtaining credit (§ 364(b), (c), (d));

post-petition payment of mortgage creditor charges in conduit mortgage payment case (Vt. LBR 3015-2(h)(7)(B)(iii));

pro hac vice admission, application for (Vt. LBR 2090-1(b));

redeeming property (§ 722);

reopening of a case (Fed. R. Bankr. P. 5010);

sale of property (§ 363(b)(1) and (f));

settlement in an adversary proceeding or contested matter, motion to approve (Fed. R. Bankr. P. 9019);

substitution of counsel (Vt. LBR 2091-1(b), (c));

transfer adversary proceeding (28 U.S.C. § 1412);

trustee final report and account, application for approval of report, and related application for compensation (§§ 704(a)(9), 1202(b)(1), 1302(b)(1));

turnover of property to the trustee (§ 542);

vacatur of discharge to allow Court to approve reaffirmation agreement (Vt. LBR 4007-1(h));

valuation of collateral (§ 506(a); Fed. R. Bankr. P. 3012);

waiver of requirement of providing trustee with tax returns (§ 521(e)(2)(A)(i)); and

waiver of requirement to make conduit mortgage payments, motion for (Vt. LBR 3015-2(h)(3)(B)(ii))

 

Scheduling. How to obtain a hearing Date, Time, & Location.

Determine earliest date a hearing may be held. All hearings must provide at least the following notice: (See also Appendix VIII To VtLBR - Reference Guide for Noticing)

                   

Minimum Notice.Unless a greater period is required by the Code or Rules, service must be made:

Under Default Procedure

        at least fourteen (14) days prior to objection deadline.

 

Under Conventional Procedure

        at least eleven (11) days prior to objection deadline.

Objection deadline.

       Under Default Procedure, the deadline for filing objections shall be at least seven (7) days prior to the hearing date.

       Under Conventional Procedure, the deadline for filing objections shall be at least three (3) days prior to the hearing date.

 

Choose a hearing date and time that meets or exceeds the Minimum Notice required.

Available Dates: Upcoming Court calendar dates and designated times for scheduling various types of motions are posted on the Court's website at: Table of Available Hearing Dates and Times, or may be obtained by contacting the Courtroom Deputy.

When preparing the Notice, the Moving Party shall attempt in good faith to coordinate the hearing schedule and location with all counsel or necessary parties, based upon mutual convenience, and shall adhere to the following guidelines:

       Multiple Motions. Multiple motions in the same case are to be scheduled in the time frame that corresponds to the primary motion.

       Hearing Location. Hearings are held in both Rutland and Burlington. Location determinations should be made based upon mutual timing concerns and geographic convenience of the participants.

       Chapter. Only chapter 7 and chapter 11 motions may be scheduled for the dates specified as chapter 7 and chapter 11 calendars. Only motions in chapter 12 and chapter 13 cases may be scheduled for the dates specified as chapter 12 and chapter 13 calendars. Exceptions to this rule require Court approval and will be based upon exigent circumstances.

Table of Available Hearing Times. The table below outlines the available hearing times based on type of relief sought and chapter:

 

 

Hearing Times are to be scheduled based upon the type of relief sought.
Motion Calendar
Time Description
9:00 AM (on VIT days only) •Chapter 13 Trustee’s Final Reports
•Chapter 13 Trustee’s Motions to Dismiss
•Other Motions in Chapter 13 that meet Video Conferencing Criteria
10:00 AM •Chapter 7 Trustee’s Final Reports
•Chapter 7 Trustee’s Applications for Commissions, Compensation, and Expenses
•Chapter 7 Trustee’s Applications for Appointment/Compensation of Professionals
•Chapter 11 Debtor in Possession’s Applications for Commissions, Compensation, and Expenses
•Chapter 11 Debtor in Possession’s Applications for Appointment/Compensation of Professionals
•Order to Show Cause for Deficiencies
•Motions to Approve Reaffirmation Agreements
•Motions for Relief from Stay in Chapter 7 or 11 Cases
11:00 AM •All Chapter 7 or 11 Motions (other than motions required to be set at 10 am)
11:30 AM •Pre-trial Conferences in Chapter 7 or 11 Cases
•Motions in Adversary Proceedings
Chapter 13 Calendar
Time Description
1:30 PM •Chapter 13 Confirmation Hearings
•Chapter 12 Confirmation Hearings
2:30 PM •Motions to Modify a Chapter 12 or Chapter 13 Plan
•Motions to Avoid a Lien or Object to an Exemption in a Chapter 12 or 13 Case
•Show Cause Hearings
•Motions to Dismiss a Chapter 12 or 13 Case
•Chapter 12 or 13 Trustee’s Final Report
•Status Hearings
•Pre-trial Conferences in Chapter 12 or 13 Cases
•All Other Chapter 12 or 13 Motions
•Motions for Relief from Stay in a Chapter 12 or 13 Case
Evidentiary Hearings in All Chapters
Time Description
To be set at a discrete time* •Chapter 11 Confirmation Hearings
•Chapter 11 Disclosure Statement Hearings
•All Other Evidentiary Hearings

Table of Available Hearing Dates in 2014. The table below outlines the available hearing dates based on location and chapter:

 

Dates in this column are for hearings scheduled in Rutland

U.S. Bankruptcy Court - Rutland
U.S. Post Office and Courthouse
151 West Street, Room 202
Rutland, VT

Dates in this column are for hearings scheduled in Burlington

U.S. Bankruptcy Court - Burlington
Federal Building
11 Elmwood Ave
Burlington, VT

 

2014 VIT Sites: Brattleboro, Montpelier, White River Junction and Williston

 

July 2014
Rutland Burlington
11
Chapter 13 Calendar
 
11
Motion Calendar w/ VIT (9AM-12PM)
22
Chapter 13 Calendar
August 2014
Rutland Burlington
1
Motion Calendar w/ VIT (9AM-12PM)
12
Chapter 13 Calendar
22
Chapter 13 Calendar
26
Motion Calendar (10AM-12PM)

 

September 2014
Rutland Burlington
5
Motion Calendar w/ VIT (9AM-12PM)
9
Chapter 13 Calendar
19
Chapter 13 Calendar
23
Motion Calendar (10AM-12PM)
October 2014
Rutland Burlington
3
Motion Calendar w/ VIT (9AM-12PM)
21
Motion Calendar (10AM-12PM)
24
Chapter 13 Calendar
28
Chapter 13 Calendar
November 2014
Rutland Burlington
7
Motion Calendar w/ VIT (9AM-12PM)
18
Chapter 13 Calendar
14
Chapter 13 Calendar
25
Motion Calendar (10AM-12PM)
December 2014
Rutland Burlington
5
Motion Calendar w/ VIT (9AM-12PM)
9
Chapter 13 Calendar
19
Chapter 13 Calendar
16
Motion Calendar (10AM-12PM)

 

Hearing dates are to be selected based on location of hearing and case chapter.
Objection deadline must be at least seven (7) days prior to the Hearing date.

 

Future hearing dates and locations will be publicized as soon as practicable via memo and/or electronic means.

* Trial dates are not listed on this schedule. The Court will determine appropriate trial dates and locations.

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Preparing the Notice of Motion.
Samples of Notice of Motion forms are available at:

Sample Notice of Motion.

Sample Notice of Motion Under Default Procedure.

 Minimum requirements for all notices.

Description of the relief sought.

Date, time, and location of the hearing.

Deadline for filing written objections/responses.

Names and addresses of those parties that must be served with copies of the objections/responses.

Name, address, and telephone number of the Moving Party.

 

Mandatory Language.

Notice of Motion Under Conventional Procedure.
The following language must be included in the Notice:

 

 

A HEARING ON THE MOTION and any responses will be held at [time] on [date] at the following location:

 

[indicate Rutland or Burlington location]

IF YOU OPPOSE THE MOTION, you are encouraged to file a written opposition with the Clerk of Court, on or before 4:00 p.m. on [a date that is no less than three (3) business days before the hearing date]. If you file a written opposition, a copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the United States Trustee, the Case Trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below.

 

Notice of Motion Under Default Procedure.

The title of the Notice shall be "Notice of Motion Under Default Procedure."

Statement that a hearing will only be held if an objection/response is filed.

The following language must be included in the notice:

 

IF YOU OPPOSE THE MOTION, you must file a written opposition with the Clerk of Court, on or before 4:00 p.m. on [a date that is no less than seven (7) days prior to hearing date.]

If you file a written opposition, a copy must also be served on the Moving Party, the Debtor, the Debtor's counsel, the United States Trustee, the Case Trustee, if any, and in a Chapter 11 case, the Creditors' Committee and its Counsel, or if no committee is appointed, then upon the 20 largest unsecured creditors. Addresses for those parties are set forth below.

IF AN OPPOSITION IS TIMELY FILED, the Court will hold a hearing on the Motion and any opposition at [time] on [date] at the following location: [indicate Rutland or Burlington location], unless the Court deems no hearing is necessary and enters an order prior to the time set for hearing.

IF NO OPPOSITION IS TIMELY FILED, the Court may deem the matter unopposed and grant the motion without further hearing. Note: If an order has not been entered before the hearing date, the hearing shall proceed.

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Service and Filing of Motion Papers and Notices of Motion.

 

Who to Serve.
All parties entitled to notice under the Bankruptcy Rules or the Code must be served with the Notice of Motion and Motion papers.

    What to file with the Court.
    The Moving Party must file the following documents with the Clerk of Court:

    All Motion papers.

    Notice of Motion.

    Certificate of Service regarding the Motion papers and the Notice of Motion.

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