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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

Model Certificate of Service for an Adversary Proceeding

Model Certificate of Service for a Bankruptcy Case

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

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.

 

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:

(1) abandon property (11 U.S.C § 554(b));

(2) allow administrative expenses (other than professional fees) (11 U.S.C.§ 503(b));

(3) automatic stay, relief from (11 U.S.C.§ 362(d));

(4) automatic stay, relief from co-debtor (11 U.S.C. § 1301);

(5) automatic stay, declaration not in effect (11 U.S.C.§ 362(c)(4));

(6) claim, objection to (11 U.S.C.§ 502(b));

(7) compensation (11 U.S.C. §§ 326, 330, 331);

(8) confirmation of proposed chapter 13 plan (after debtor has testified and with Court approval) (11 U.S.C.§ 1323);

(9) convert a case (11 U.S.C.§§ 706, 1112(b), 1208(a), 1307);

(10) credit counseling requirement, permanent waiver of (11 U.S.C.§ 109(h)(4));

(11) declare mediation closed, motion to (Vt. LBR 4001-7(f));

(12) discharge in a chapter 12 case (11 U.S.C.§ 1228(f));

(13) discharge in a chapter 13 case (11 U.S.C. § 1328(h));

(14) dismiss case for cause (11 U.S.C.§§ 707, 1112(b), 1208(c), 1307(c));

(15) enlarge time to assume or reject a nonresidential lease (11 U.S.C.§ 365(d)(4));

(16) enlarge time to file chapter 11 plan or disclosure statement (11 U.S.C.§§ 1121(d), 1189);

(17) enlarge time to file chapter 12 plan (11 U.S.C.§ 1221);

(18) enlarge time to file complaint objecting to discharge or dischargeability of a debt (11 U.S.C. §§ 523, 727; Fed. R. Bankr. P. 4004(b), 4007(c));

(19) enlarge time to file motion to dismiss under §707 (11 U.S.C. § 707);

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

(21) examine any person or entity (Fed. R. Bankr. P. 2004);

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

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

(24) forward mail of a corporate debtor to the trustee (11 U.S.C. § 542(e));

(25) hardship discharge (11 U.S.C.§§ 1228(b), 1328(b));

(26) lease property (11 U.S.C.§ 363(b)(1));

(27) lease or executory contract, assume or reject (11 U.S.C.§ 365);

(28) lien or mortgage, strip as wholly unsecured or avoid as impairing exemption (11U.S.C.§§ 506(a), 522(f));

(29) limit scope of employment and reduce scope of legal services (Vt. LBR 2016-1(h)(4));

(30) mortgage mediation, direct parties to attend (Vt. LBR 4001-7);

(31) modify chapter 11 subchapter V, 12, or 13 plan post-confirmation (11 U.S.C.§§ 1193, 1229, 1329);

(32) modify mortgage (Vt. LBR 6004-1(f));

(33) obtain credit (11 U.S.C.§ 364(b), (c), and (d));

(34) post-petition payment of mortgage creditor charges in conduit mortgage payment case (Vt. LBR 3015-6(a)(1));

(35) redeem property (11 U.S.C.§ 722);

(36) reopen a case (Fed. R. Bankr. P. 5010);

(37) sell property (11 U.S.C. §§ 363(b)(1) and (f), 1206);

(38) settlement of an adversary proceeding or contested matter, approve (Fed. R. Bankr. P.9019);

(39) substitute counsel (Vt. LBR 2091-1(b) and (c));

(40) tax returns, waive requirement to present or file (11 U.S.C.§ 521(e)(2)(A)(i));

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

(42) trustee final report and account, approve report and compensation (11 U.S.C.§§704(a)(9), § 1183(b)(1), 1202(b)(1), 1302(b)(1));

(43) turnover of property to the trustee (11 U.S.C.§ 542);

(44) vacate discharge to allow debtor to seek approval of a reaffirmation agreement (Vt. LBR4008-1);

(45) valuation of collateral and allowance of secured claim (11 U.S.C.§ 506(b); Fed. R.Bankr. P. 3012);

(46) venue, change (28 U.S.C. §1412); and

(47) waive requirement to make conduit mortgage payments (Vt. LBR 3015-6(a)(9), (b)(2)).

 

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
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
2:00 PM •Chapter 12 Confirmation Hearings and all motions
2:30 PM •Motion to Modify Chapter 13 Plan
•Motions to Avoid a Lien or Object to an Exemption
•Show Cause Hearings
•Motions to Dismiss a 13 Case
•Status Hearings
•Pre-trial Conferences 13 Cases
•All Other Chapter 13 Motions
•Motions for Relief from Stay in 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. 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

 

Hearing dates are to be selected based on location of hearing and case chapter.
APRIL 2022
Rutland
Burlington
April 22
Motion Calendar
April 12
Motion Calendar
April 8
Chapter 13 Calendar
April 26
Chapter 13 Calendar
MAY 2022
Rutland
Burlington
May 27
Motion Calendar
May 3
Motion Calendar
May 13
Chapter 13 Calendar
May 17
Chapter 13 Calendar
JUNE 2022
Rutland
Burlington
June 24
Motion Calendar
June 7
Motion Calendar
June 3
Chapter 13 Calendar
June 14
Chapter 13 Calendar
JULY 2022
Rutland
Burlington
July 29
Motion Calendar
July 19
Motion Calendar
July 22
Chapter 13 Calendar
July 26
Chapter 13 Calendar
AUGUST 2022
Rutland
Burlington
August 26  
Motion Calendar
August 16
Motion Calendar
August 19
Chapter 13 Calendar
August 30
Chapter 13 Calendar
SEPTEMBER 2022
Rutland
Burlington
September 30
Motion Calendar
September 13
Motion Calendar
September 16
Chapter 13 Calendar
September 20
Chapter 13 Calendar
OCTOBER 2022
Rutland
Burlington
October 28
Motion Calendar
October 18
Motion Calendar
October 7
Chapter 13 Calendar
October 25
Chapter 13 Calendar
NOVEMBER 2022
Rutland
Burlington
November 18
Motion Calendar
November 8
Motion Calendar
November 4  
Chapter 13 Calendar
November 15
Chapter 13 Calendar
DECEMBER 2022
Rutland
Burlington
December 9
Motion Calendar
December 20
Motion Calendar
December 16
Chapter 13 Calendar
December 6
Chapter 13 Calendar

 

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.

 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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