HOW TO SCHEDULE A HEARING

Table of Hearing Times

Table of Available Hearing Dates

Sample Notice of Motion

Sample Notice of Motion Under Default Procedure

Model Certificate of Service for an Adversary Proceeding

Model Certificate of Service for a Bankruptcy Case

Video Conferencing Criteria and Instructions

Vermont Interactive Television Site Locations

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


2. Video Conferencing Criteria and Instructions


3. Default Procedure.


1. Relief available using Default Procedure.
   
4. Scheduling. How to obtain a hearing Date, Time, & Location.


1. Determine earliest date a hearing can be held.
1. Minimum Notice.
1. Under Default Procedure.
2. Under Conventional Procedure.
2. Objection Deadlines.
1. Under Default Procedure.
2. Under Conventional Procedure.
2. Pick a hearing date, time, and location that meets or exceeds the Minimum Notice required. Factors to consider:
1. Available Dates.
1. Multiple Motions.
2. Hearing Location.
3. Chapter.
2. Table of Available Hearing Dates and Times.
5. Preparing the Notice of Motion.
1. Minimum requirements for all notices.
2. Mandatory Language.
   1. Notice of Motion Under Default Procedure.
   2. Notice of Motion Under Conventional Procedure.
6. Service and Filing of Motion Papers and Notices of Motion.
1. Who to serve.
2. What to file with the Court.

1. 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

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

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

1. 1. their level of participation is for observation only,
2. 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. 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. 1. Chapter 12 & 13 Confirmation hearings
2. 2. Chapter 11 Confirmation hearings (except by attorneys or parties who meet above criteria)
3. 3. trials and evidentiary matters
4. 4. hearings requiring extensive legal argument, i.e., more than 15 minutes total (for example argument on Motions for Summary Judgment)
5. 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. 1. Emergency weather conditions (when Video Conferencing is available & with permission from the Court)
2. 2. Trial witness - upon Order of the Court
3. 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 TV (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 .

Questions concerning appearances via video conference should be addressed to: Terri Satterlee, Courtroom Deputy at (802)776-2010 or .

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

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

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 in 2012. 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, 2nd Floor Burlington, VT
VIT Sites: Brattleboro, Montpelier, White River Junction and Williston
January 2012
Rutland - The USPO Building	Burlington
3 Chapter 13 Calendar	10 Chapter 13 Calendar
17 Motion Calendar w/ VIT (9AM-12PM)	26 Motion Calendar (10AM-12PM)
February 2012
Rutland - The USPO Building	Burlington
7 Chapter 13 Calendar	14 Chapter 13 Calendar
21 Motion Calendar w/ VIT (9AM-12PM)	28 Motion Calendar (10AM-12PM)
March 2012
Rutland - The USPO Building	Burlington
6 Chapter 13 Calendar	13 Chapter 13 Calendar
27 Motion Calendar w/ VIT (9AM-12PM)	22 Motion Calendar (10AM-12PM)
April 2012
Rutland - The USPO Building	Burlington
3 Chapter 13 Calendar	10 Chapter 13 Calendar
17 Motion Calendar w/ VIT (9AM-12PM)	24 Motion Calendar (10AM-12PM)
May 2012
Rutland - The USPO Building	Burlington
1 Chapter 13 Calendar	8 Motion Calendar (10AM-12PM)
15 Motion Calendar w/ VIT (9AM-12PM)	22 Chapter 13 Calendar
June 2012
Rutland - The USPO Building	Burlington
5 Chapter 13 Calendar	21 Motion Calendar (10AM-12PM)
19 Motion Calendar w/ VIT (9:15AM-12:15PM)	26 Chapter 13 Calendar
July 2012
Rutland - The USPO Building	Burlington
3 Chapter 13 Calendar	10 Chapter 13 Calendar
17 Motion Calendar w/ VIT (9:15AM-12:15PM)	24 Motion Calendar (10AM-12PM)
August 2012
Rutland - The USPO Building	Burlington
7 Chapter 13 Calendar	9 Motion Calendar (10AM-12PM)
21 Motion Calendar w/ VIT (9AM-12PM)	28 Chapter 13 Calendar
September 2012
Rutland - The USPO Building	Burlington
4 Chapter 13 Calendar	11 Chapter 13 Calendar
18 Motion Calendar w/ VIT (9AM-12PM)	25 Motion Calendar (10AM-12PM)
October 2012
Rutland - The USPO Building	Burlington
2 Chapter 13 Calendar	9 Chapter 13 Calendar
16 Motion Calendar w/ VIT (9AM-12PM)	30 Motion Calendar (10AM-12PM)
November 2012
Rutland - The USPO Building	Burlington
6 Chapter 13 Calendar	13 Chapter 13 Calendar
20 Motion Calendar w/ VIT (9AM-12PM)	27 Motion Calendar (10AM-12PM)
December 2012
Rutland - The USPO Building	Burlington
4 Chapter 13 Calendar	11 Chapter 13 Calendar
18 Motion Calendar w/ VIT (9AM-12PM)	20 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.

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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