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

2. 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.

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

1. Abandonment of Property (11 U.S.C. § 554(b));
2. Allowance of Administrative Expenses Other Than Professional Fees (11 U.S.C. § 503(b));
3. Amendment of Proposed Chapter 13 Plan (by non-debtor party)(11 U.S. C. § 1323);
4. Approval of a Settlement in an Adversary Proceeding or Contested Matter (Bankruptcy Rule 9019);
5. Assumption or Rejection of Executory Contract (11 U.S.C. § 365);
6. Avoidance of a Judicial Lien or Non-Purchase Money Security Interest (11 U.S.C. § 522(f));
7. Change Venue (28 U.S.C. § 1412);
8. Claims Objections (11 U.S.C. § 502(b));
9. Compensation, Application for (11 U.S.C. §§ 330, 331);
10. Conversion of a Case (11 U.S.C. §§ 706, 1112(b), 1208, 1307);
11. Discharge in a Chapter 12 Case (11 U.S.C. § 1228(f));
12. Discharge in a Chapter 13 Case (11 U.S.C. § 1328(h));
13. Dismissal of a Case for Cause (11 U.S.C. §§ 707, 1112(b), 1208, 1307);
14. Dismissal for Failure to Pay Filing Fee (Bankruptcy Rule 1006(a));
15. Examination of Any Entity (Bankruptcy Rule 2004);
16. Extending Time to Assume or Reject a Nonresidential Lease (11 U.S.C. § 365(d)(4));
17. Extending Time to File Chapter 11 Plan and Disclosure Statement(11 U.S.C. § 1121(d));
18. Extending Time to File Complaint (Bankruptcy Rule 4004(b), 4007(c));
19. Extending Time to File Chapter 12 Plan (11 U.S.C. § 1221);
20. Extending Time to File § 707 Objection to Discharge (11 U.S.C. § 707);
21. Extending Time to Pay Filing Fee (Bankruptcy Rule 1006(b));
22. Final Decree in Chapter 11 Case (Bankruptcy Rule 3022);
23. Hardship Discharge (11 U.S.C. § 1228(b) and 1328(b));
24. Lease of Property (11 U.S.C. § 363(b)(1));
25. Modify Plan, Post-Confirmation (11 U.S.C. §§ 1229, 1329);
26. Objection to Claimed Exemption on Schedule C (Bankruptcy Rule 4003(b));
27. Obtain Credit (11 U.S.C. § 364(b), (c), or (d));
28. Permanent Waiver of Budget and Credit Counseling Prior to Filing Petition (11 U.S.C. § 109(h)(4));
29. Pro Hac Vice Admission, Application for;
30. Redeeming Property (11 U.S.C. § 722);
31. Relief from Stay (11 U.S.C. § 362(d));
32. Relief from Stay of Action Against Co-Debtor (11 U.S.C. § 1301);
33. Reopening a Case (Bankruptcy Rule 5010);
34. Sale of Property (11 U.S.C. § 363(b)(1));
35. Substitution of Counsel;
36. Turnover of Property to the Trustee (11 U.S.C. § 542);
37. Vacatur of Discharge to Allow Court to Approve Reaffirmation Agreement:
38. Valuation of Collateral (11 U.S.C. § 506(a); Bankruptcy Rule 3012);
39. Verification that Automatic Stay Not in Effect (11 U.S.C. § 362(c)(4); or
40. Waiver of Requirement of Providing Trustee with Tax Returns (11 U.S.C. § 521(e)(2)(A)(i)).

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

1. Determine earliest date a hearing may be held. All hearings must provide at least the following notice:

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

1. Under Default Procedure

1. at least fourteen (14) days prior to objection deadline.
2. Under Conventional Procedure

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

   1. Under Default Procedure, the deadline for filing objections shall be at least seven (7) days prior to the hearing date.
   2. Under Conventional Procedure, the deadline for filing objections shall be at least three (3) days prior to the hearing date.
2. Choose a hearing date and time that meets or exceeds the Minimum Notice required.

1. 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 at: (802) 776-2010.

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:

1. Multiple Motions. Multiple motions in the same case are to be scheduled in the time frame that corresponds to the primary motion.
2. 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.
3. 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.
2. 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

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

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.
Dates in this column are for hearings scheduled in Rutland U.S. Post Office and Courthouse - Rutland 151 West Street, 2nd Floor Rutland, VT	Dates in this column are for hearings scheduled in Burlington U.S. Bankruptcy Court - Burlington Federal Building 11 Elmwood Ave, 2nd Floor Burlington, VT
2009 VIT Sites: Bennington, Lyndonville, Waterbury, White River Junction and Williston
November 2009
Rutland	Burlington
19 Chapter 13 Calendar	3 Motion Calendar (10AM-12PM)
24 Motion Calendar w/ VIT (9AM-12PM)	12 Chapter 13 Calendar
December 2009
Rutland	Burlington
15 Motion Calendar w/ VIT (9AM-12PM)	3 Motion Calendar (10AM-12PM) (previously Dec 1)
17 Chapter 13 Calendar	8 Chapter 13 Calendar (previously Dec 10)
2010 VIT Sites: Brattleboro, Johnson, Waterbury, White River Junction and Williston
January 2010
Rutland	Burlington
12 Motion Calendar w/ VIT (9AM-12PM)	5 Motion Calendar (10AM-12PM)
28 Chapter 13 Calendar	14 Chapter 13 Calendar
February 2010
Rutland	Burlington
9 Motion Calendar w/ VIT (9AM-12PM)	2 Motion Calendar (10AM-12PM)
18 Chapter 13 Calendar	11 Chapter 13 Calendar
March 2010
Rutland	Burlington
18 Chapter 13 Calendar	2 Motion Calendar (10AM-12PM)
23 Motion Calendar w/ VIT (9AM-12PM)	11 Chapter 13 Calendar
April 2010
Rutland	Burlington
15 Chapter 13 Calendar	8 Chapter 13 Calendar
20 Motion Calendar w/ VIT (9AM-12PM)	13 Motion Calendar (10AM-12PM)
May 2010
Rutland	Burlington
18 Motion Calendar w/ VIT (9:15AM-12:15PM)	4 Motion Calendar (10AM-12PM)
27 Chapter 13 Calendar	13 Chapter 13 Calendar
June 2010
Rutland	Burlington
17 Chapter 13 Calendar	1 Motion Calendar (10AM-12PM)
22 Motion Calendar w/ VIT (9:15AM-12:15PM)	8 Chapter 13 Calendar
July 2010
Rutland	Burlington
20 Motion Calendar w/ VIT (9AM-12PM)	1 Chapter 13 Calendar
22 Chapter 13 Calendar	13 Motion Calendar (10AM-12PM)
August 2010
Rutland	Burlington
17 Motion Calendar w/ VIT (9AM-12PM)	3 Motion Calendar (10AM-12PM)
19 Chapter 13 Calendar	12 Chapter 13 Calendar
September 2010
Rutland	Burlington
16 Chapter 13 Calendar	2 Chapter 13 Calendar
21 Motion Calendar w/ VIT (9AM-12PM)	14 Motion Calendar (10AM-12PM)
October 2010
Rutland	Burlington
19 Motion Calendar w/ VIT (9AM-12PM)	7 Chapter 13 Calendar
21 Chapter 13 Calendar	12 Motion Calendar (10AM-12PM)
November 2010
Rutland	Burlington
16 Motion Calendar w/ VIT (9AM-12PM)	2 Motion Calendar (10AM-12PM)
18 Chapter 13 Calendar	10 Chapter 13 Calendar
December 2010
Rutland	Burlington
14 Motion Calendar w/ VIT (9AM-12PM)	9 Chapter 13 Calendar
16 Chapter 13 Calendar	21 Motion Calendar (10AM-12PM)

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.

4. 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.

   1. Minimum requirements for all notices.

   1. Description of the relief sought.
   2. Date, time, and location of the hearing.
   3. Deadline for filing written objections/responses.
   4. Names and addresses of those parties that must be served with copies of the objections/responses.
   5. Name, address, and telephone number of the Moving Party.
   2. Mandatory Language.
   
   
   1. 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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5. Service and Filing of Motion Papers and Notices of Motion.

1. 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.
2. What to file with the Court.

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

1. All Motion papers.
2. Notice of Motion.
3. Certificate of Service regarding the Motion papers and the Notice of Motion.

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