; ; Calendar Procedures; Notice of Hearing and Temporary Extension of Automatic Stay; Emergency Hearings; Instructions on Stay Motions; Notice of Hearing and Temporary Extension of Automatic Stay; Engagement of Professionals in a Chapter 11 Case for ATLANTA & ROME

Hon. Barbara Ellis-Monro · U.S. Bankruptcy Court for the Northern District of Georgia

Role: Bankruptcy Judge

Bluebook Citation: Hon. Barbara Ellis-Monro, ; ; Calendar Procedures; Notice of Hearing and Temporary Extension of Automatic Stay; Emergency Hearings; Instructions on Stay Motions; Notice of Hearing and Temporary Extension of Automatic Stay; Engagement of Professionals in a Chapter 11 Case for ATLANTA & ROME, U.S. Bankruptcy Court for the Northern District of Georgia

Judge Profile: Hon. Barbara Ellis-Monro profile and standing orders

=== atlanta-updated_10-30-2024.pdf ===

AVAILABLE OPEN CALENDAR DATES ATLANTA(cid:3)DIVISION(cid:3) For Chief Judge Barbara Ellis-Monro Attorneys may set hearings on certain matters in Chapter 7 and Chapter 13 cases (see exceptions listed under Case Management Procedures, Part II) in accordance with Judge Ellis-Monro’s Open Calendar and Case Management Procedures. The dates and times on which such hearings will be held are set out below. All hearings are held in Courtroom 1402, U.S. Courthouse, 75 Ted Turner Drive (f/k/a Spring Street), SW, Atlanta. Attorneys should be sensitive to the time constraints imposed by the number of motions on a calendar. Motions that take longer than twenty (20) minutes to hear could be reset or heard in part and continued, which could prove inconvenient, if not expensive to the parties. Therefore, with regard to motions that are likely to be complicated, movant’s attorney should consider whether it would be preferable to obtain a specially set hearing for that matter. Contact Candace Holley at 404- 215-1033 to obtain a date and time for a hearing on a matter that is likely to take significant time. The Court will schedule all hearings on reaffirmation agreements on a single day before the same judge, regardless of which judge is assigned to the case. When self- calendaring a hearing on a reaffirmation agreement, please refer to the chambers pages of Judges Cavender or Ritchey-Craig for more specific information. PLEASE SEE NEXT PAGE FOR AVAILABLE ATLANTA DATES. ATLANTA DATES FOR CHIEF JUDGE ELLIS-MONRO PAY STRICT ATTENTION TO SCHEDULED TIME NOTE: For hearings that will take longer than twenty minutes, please contact chambers to obtain an available hearing date. (Updated(cid:3)10(cid:18)30(cid:18)(cid:21)(cid:23)(cid:12) Chapter 13 Confirmation Hearings ....................................... 9:30 A.M. Post-Confirmation Modifications. ........................................ 9:50 A.M. Chapter 13 Miscellaneous Matters. .................................... 10:00 A.M. Motions For Relief From Stay (Chapter 7 & 13). .............. 10:15 A.M. Motions Under § 362(c)(3 and (§ 362(c)(4 .................... 10:30 A.M. Motions to Extend or Impose Stay Chapter 7 Miscellaneous Matters ........................................... 10:00 a.m. Chapter 11 Miscellaneous Matters ......................................... 11:00 a.m. Chapter 11 Motions for Stay Relief ....................................... 11:00 a.m. ANY CHAPTER 12 MATTERS …… 11:00 a.m. ATLANTA COURTROOM 1402 WEDNESDAY (cid:3)(cid:21)(cid:19)(cid:21)(cid:23) November 13 December 4 & 18 2025 January 15 & 29 February 12 & 26 TUESDAY (cid:21)(cid:19)(cid:21)(cid:23) November 5 & 19 December 3 & 17 2025 January 14 & 28 February 11 & 25

=== rome-updated_10-30-24.pdf ===

AVAILABLE OPEN CALENDAR DATES ROME DIVISION For Chief Judge Barbara Ellis-Monro Attorneys may set hearings on certain matters in Chapter 7 and Chapter 13 cases (see exceptions listed under Case Management Procedures, Part II) in accordance with Judge Ellis-Monro’s Open Calendar and Case Management Procedures. The dates and times on which such hearings will be held are set out below. All hearings are held in Courtroom 342, U.S. Courthouse, 600 East First Street, Rome, GA 30161. Attorneys should be sensitive to the time constraints imposed by the number of motions on a calendar. Motions that take longer than twenty (20) minutes to hear could be reset or heard in part and continued, which could prove inconvenient, if not expensive to the parties. Therefore, with regard to motions that are likely to be complicated, movant’s attorney should consider whether it would be preferable to obtain a specially set hearing for that matter. Contact Candace Holley at 404-215-1033 to obtain a date and time for a hearing on a matter that is likely to take significant time. The Court will schedule all hearings on reaffirmation agreements on a single day before the same judge, regardless of which judge is assigned to the case. When self-calendaring a hearing on a reaffirmation agreement, please refer to the chambers pages of Judges Cavender or Ritchey- Craig for more specific information. PLEASE SEE NEXT PAGE FOR AVAILABLE ROME DATES. ROME DATES FOR CHIEF JUDGE ELLIS-MONRO (Updated 10/30/24) To be held in Room 342 U.S. Courthouse, 600 East First Street Rome, GA 30161 ALL MATTERS IN CHAPTER 7 & 11 CASES (Ch. 11 Only Relief from Stay) and ADVERSARY PROCEEDINGS at 9:25 A.M. CHAPTER 13 CONFIRMATION HEARINGS (and related motions) at 9:30 A.M. POST-CONFIRMATION MODIFICATIONS at 9 :50 A.M. MATTERS IN CHAPTER 13 CASES NOT Related to Confirmation Hearing on same date at 10:00 A.M. MOTIONS FOR RELIEF FROM STAY (Chapter 7 & 13) at 10:15 A.M. HEARINGS ON MOTIONS TO CONTINUE THE STAY (§362(c)(3 AND MOTIONS TO IMPOSE THE STAY (§362(c)(4 at 10:30 A.M. Wednesday 2024 November 6 & 20 December 11 2025 January 8 & 22 February 5

=== Calendar Procedures ===

Calendar Procedures for Judge Ellis-Monro Effective February 9, 2026 These procedures are applicable to all matters scheduled for hearing on the Court’s regularly scheduled “mass” calendars and do not apply to specially set matters, which will be called and heard as indicated in the Notice of Hearing or Order setting the hearing. 1. In Person: All regularly scheduled calendars will be called, and hearings will be held, in person effective September 29, 2025. 2. No Zoom: Parties/attorneys may not appear for calendar calls or hearings via telephone or Zoom without specific permission from the Court, which the Court will not grant as a matter of course.1 3. Announcements: Announcements must be made (a) in person at the call of the calendar or (b) via email to [email protected] prior to 12:00 p.m. ET the business day prior to the scheduled hearing. a. Emailed announcements must copy any trustee assigned to the case as well as any other party/attorney reasonably anticipated to be interested in the matter. b. Each emailed announcement should contain the information below for each announcement: Calendar Date Calendar Time Calendar Item No. Case No. Case Name Matter Announcement c. Emails received after the deadline will not be read or considered and parties will be required to appear in person at the call of the calendar. d. Any party/attorney copied on an announcement that disputes the announcement should “reply all” to advise of opposition as soon as practicable. The Court will address these situations on a case-by-case basis via reply email and may require the parties to appear for the scheduled hearing, reset the matter, or take some other appropriate action. 4. Excused from In Person Appearance: Timely emailed announcements that a matter will be (i) withdrawn, (ii) reset, or (iii) resolved via consent order will excuse the movant and 1 Under special circumstances, the Court may, in its discretion, permit virtual Zoom appearances. any respondent from appearing at the call of the calendar, unless the Court directs otherwise. a. A debtor’s attorney who has confirmed that the debtor has “no opposition” to a motion may make that announcement pursuant to paragraph 3 above, which will excuse both movant and the debtor from appearing at the call of the calendar, unless the Court directs otherwise or the trustee indicates opposition to the motion. b. A debtor’s attorney who has made reasonably diligent efforts to reach the client, but has been unable to do so and thus has “no basis to oppose” a motion, may make an announcement pursuant to paragraph 3 above, which will excuse debtor’s attorney from appearing at the call of the calendar. Movant will still be required to appear to prosecute the motion. c. Should a party/attorney unexpectedly appear for a call of the calendar in opposition of a matter on which an announcement has been made, the Court may reset the matter. d. So long as parties/attorneys comply with the foregoing announcement procedures, the Court will not “show cause” attorneys or dismiss matters for want of prosecution in the event of an unexpected appearance/opposition at the call of the calendar. 5. Calendar Calls: The first call of the calendar will begin promptly at the time of the first scheduled matters. a. The Office of K. Edward Safir, the Chapter 13 Trustee, has requested that all documents that need to be filed with the Court or submitted to the Trustee in an attempt to resolve a trustee objection, or other inquiries relating to a calendared matter, be filed or received by the Chapter 13 Trustee’s office no later than (2) two business days prior to the hearing. The Court will not delay calendar calls for discussions with the Chapter 13 Trustee or his/her attorneys. b. The second call of the calendar will begin shortly after the first calendar call has been completed. 6. Matters to be Heard: Matters unresolved at the second call of the calendar will be heard promptly after the conclusion of the second calendar call. The Court may, in its discretion, continue the matter to a later time and/or a later date including, but not limited to, when a matter will require evidence and/or more than twenty (20) minutes to hear. 7. Voluntary Notice Procedures: Parties should consider utilizing the Voluntary Notice Procedures contained in the Fifth Amended and Restated General Order No. 24-2018 if they wish to minimize in-court appearances. The Fifth Amended and Restated General Order No. 24-2018 supplements the prior version and now includes Motions for Relief from Stay in Chapter 7 and Chapter 13 cases, provided that the response deadline is at least 10 days after the first scheduled 341 meeting.

=== Notice of Hearing and Temporary Extension of Automatic Stay ===

This following form of order may be used when (1) a motion to extend stay pursuant to 11 U.S.C. § 362(c)(3) cannot be scheduled for hearing within 30 days after the petition date; AND (2) the motion includes a request for temporary extension of the automatic stay. Words in [italics and BOLD within brackets] signal that the person preparing the form must customize the form and insert information to fit the case as indicated. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA [Appropriate Division] DIVISION IN RE: [Name of Debtor(s)], Debtor(s). Case No. [xx-xxxxx]-BEM Chapter [xx] ORDER AND NOTICE OF HEARING ON MOTION TO EXTEND STAY AND TEMPORARY EXTENSION OF AUTOMATIC STAY On [date of filing motion] Debtor(s) filed a Motion to Extend the Automatic Stay (the “Motion”) that included a request for temporary extension of the automatic stay. [docket no. of motion]. It is ORDERED and NOTICE is given that the Court will hold a hearing on the Motion to Extend Stay at [STATE TIME,] on [choose a hearing date in accordance with the self-calendaring procedures that is at least 14 days from the date this order is submitted] in Courtroom [xxxx], United States Courthouse, [insert courthouse address for appropriate division], which may be attended in person or via the Court's Virtual Hearing Room. You may join the Virtual Hearing Room through the “Dial-in and Virtual Bankruptcy Hearing Information” link at the top of the homepage of the Court’s website, www.ganb.uscourts.gov, or the link on the judge’s webpage, which can also be found on the Court’s website. Please also review the “Hearing Information” tab on the judge’s webpage for further information about the hearing. You should be prepared to appear at the hearing via video, but you may leave your camera in the off position until the Court instructs otherwise. Unrepresented persons who do not have video capability may use the telephone dial-in information on the judge’s webpage. It is further ORDERED that the automatic stay is extended until the conclusion of the foregoing hearing. Your rights may be affected by the Court’s ruling on these pleadings. You should read these pleadings carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.) If you do not want the Court to grant the relief sought in these pleadings or if you want the Court to consider your views, then you and/or your attorney must attend the hearing. You may also file a written response to the pleading with the Clerk at the address stated below, but you are not required to do so. If you file a written response, you must attach a certificate stating when, how, and on whom (including addresses) you served the response. Mail or deliver your response so that it is received by the Clerk at least two business days before the hearing. The address of the Clerk’s Office is: [insert address for appropriate division]. You must also mail a copy of your response to Movant’s Counsel at the address stated below. The Clerk is directed to serve a copy of this Order on Debtor(s), Counsel, the Trustee, and all parties and creditors. END OF ORDER Prepared by: [signature] [name of counsel] Attorney for Movant [address, telephone, email address, bar no.]

=== Emergency Hearings ===

EMERGENCY HEARINGS A party may seek an emergency hearing or expedited hearing involving a true emergency (i.e. a situation in which denial of a hearing would cause a party to suffer irreparable harm). Follow the steps as listed below: 1) File the motion requesting the desired relief 2) File a motion to shorten time 3) Prepare a proposed Order and Notice which grants the motion to shorten time and sets the motion for hearing. (Call Chambers for a hearing date to include in Order). 4) File a certificate of service with Court indicating how service was effectuated (hand-delivery, e-mail, fax and/or mail) or include this language in order.

=== Instructions on Stay Motions ===

3. OPEN CALENDAR PROCEDURES - Instructions on Motions For Relief from Stay and Motions Under §362(c) in Cases Assigned to Judge Ellis-Monro 1. This procedure applies to attorneys filing motions for relief from the automatic stay and to attorneys filing motions under §362(c)(3) and (c)(4) (hereinafter “Stay Motions”) in any case. • • • In a bankruptcy case assigned to Judge Ellis-Monro, an attorney who files a Stay Motion should, with certain exceptions described in the Case Management and Open Calendar Procedures, prepare, serve, and file a notice of hearing. Attorneys who file a motion and notice of hearing electronically should set the hearing while filing the motion and/or notice of hearing. Do not use this procedure if the parties have entered into a proposed consent order that is submitted to Chambers at the time the motion is filed. The proposed consent order may be attached to the motion, transmitted by mail, or delivered to Chambers. Emergency Stay Motions may not be set using the open calendar procedure. 2. Select a date and time appropriate for the motion to be heard from the list of currently available dates. (There is nothing to do on this website except to find an appropriate date, time, and location for the hearing you want to schedule; if you file electronically, you will be prompted on one screen to insert the date, time, and location you selected, and if you file on paper, you plug in the date, time, and location in the notice of hearing that you will serve with your motion.) a. b. c. • • A MOTION FOR RELIEF FROM THE STAY, NOTICE OF HEARING AND CERTIFICATE OF SERVICE MUST BE FILED AND SERVED AT LEAST FOURTEEN (14) DAYS BEFORE THE HEARING DATE. A MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. §1301(c)(2), NOTICE OF HEARING AND CERTIFICATE OF SERVICE MUST BE SERVED AND FILED AT LEAST TWENTY-ONE (21) DAYS BEFORE THE HEARING DATE. A MOTION UNDER §362(c)(3) or §362(c)(4), NOTICE OF HEARING AND CERTIFICATE OF SERVICE MUST BE SERVED AND FILED AT LEAST TEN (10) DAYS BEFORE THE HEARING DATE. If all parties consent to the relief requested in the motion, no hearing need be set. Always check the list of currently available dates when setting a hearing because a date may be removed from the list. 3. Prepare the notice of hearing into which you will insert the date, time, and location that you selected from the list of available dates. Combine the notice with the motion, brief, if any, and certificate of service into one document, which, if you file electronically, will be filed as a Motion Event. Click here for a suggested form of notice and certificate of service. (This is a PDF document.) • • • • ECF participants (attorneys registered to file documents electronically) are authorized to fill in the date, time, and place on the hearing information screen. (Make sure you fill in all three fields). Hearings before Judge Ellis-Monro are in Atlanta in Courtroom 1402. On the screen permitting the user to enhance docket text, type in the words "and Notice of Hearing" after the description of your pleading. Make sure the notice of hearing is included as a part of the PDF document but that it follows the motion, even though when you serve it you may put the notice of hearing on top. Whether filed on paper or electronically, the certificate of service must mention service of both the motion and the notice of hearing. If you file paper pleadings, deliver a copy of the notice of hearing and certificate of service to Chambers at least ten (10) days prior to the hearing date. If you file electronically, do not deliver a paper copy to the Clerk or to Chambers. 4. 5. There is no need to call Chambers to find out if your motion has been put on the calendar. You may view the calendar online in the CM/ECF system, which you may access through PACER, even if you do not file electronically. Reset Hearings – You may use the Open Calendar Procedure to reset a hearing on a motion for relief from stay if all parties agree, but you must follow the above instructions on filing the Notice of Hearing. If all parties do not agree, continuances should be requested by motion.

=== Notice of Hearing and Temporary Extension of Automatic Stay ===

This following form of order may be used when (1) a motion to extend stay pursuant to 11 U.S.C. § 362(c)(3) cannot be scheduled for hearing within 30 days after the petition date; AND (2) the motion includes a request for temporary extension of the automatic stay. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA [Appropriate Division] DIVISION IN RE: [Name of Debtor(s)], Debtor(s). Case No. [xx-xxxxx]-BEM Chapter [xx] ORDER AND NOTICE OF HEARING ON MOTION TO EXTEND STAY AND TEMPORARY EXTENSION OF AUTOMATIC STAY On [date of filing motion] Debtor(s) filed a Motion to Extend the Automatic Stay (the “Motion”) that included a request for temporary extension of the automatic stay. [docket no. of motion]. It is ORDERED and NOTICE is given that a hearing on the Motion will be held [choose a hearing date in accordance with the self-calendaring procedures that is at least 14 days from the date this order is submitted and insert in the form: at [time] on [month] [day], [year] in Courtroom [insert courtroom number], United States Courthouse [insert courthouse address for appropriate division]]. It is further ORDERED that the automatic stay is extended until the conclusion of the foregoing hearing. Your rights may be affected by the Court’s ruling on these pleadings. You should read these pleadings carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.) If you do not want the Court to grant the relief sought in these pleadings or if you want the Court to consider your views, then you and/or your attorney must attend the hearing. You may also file a written response to the pleading with the Clerk at the address stated below, but you are not required to do so. If you file a written response, you must attach a certificate stating when, how, and on whom (including addresses) you served the response. Mail or deliver your response so that it is received by the Clerk at least two business days before the hearing. The address of the Clerk’s Office is: [insert address for appropriate division]. You must also mail a copy of your response to Movant’s Counsel at the address stated below. The Clerk is directed to serve a copy of this Order on Debtor(s), Counsel, the Trustee, and all parties and creditors. END OF ORDER Prepared by: [signature] [name of counsel] Attorney for Movant [address, telephone, email address, bar no.]

=== Engagement of Professionals in a Chapter 11 Case for ATLANTA & ROME ===

Procedures for the Engagement of Professionals in Chapter 11 Cases I. Professionals Engaged by Debtor at Commencement of Case In a Chapter 11 case, one matter that must be addressed early on is the engagement by the Debtor of professionals, including bankruptcy counsel, accountants, financial advisors and other professionals. It is important to have these relationships vetted and approved promptly for the benefit of the Debtor, the professionals, and the other parties interested in the case. Early engagement benefits the professionals, who can then be sure of their role in the case and their ability to seek compensation for work performed. It is also beneficial for the Debtor and the other interested parties, who can be sure that the professionals selected by the Debtor do not have conflicts or other impediments to service. To facilitate this early engagement, the Debtor should file applications under 11 U.S.C. § 327 and Federal Rule of Bankruptcy Procedure (FRBP) 2014 with the petition where possible and otherwise promptly thereafter. For professionals engaged at the commencement of the case, the application should request that the professional be engaged nunc pro tunc to the petition date unless retroactive engagement would be inappropriate. The application must be served on the United States Trustee, and should be served on any lenders with an interest in all or substantially all of the Debtor’s assets, any party that has filed a notice of appearance or request for notices in the case as of the date of the filing of the application, and the twenty largest unsecured creditors on the list filed by the Debtor pursuant to FRBP 1007(d)(thirty largest in a Complex Chapter 11 Case as defined in General Order 26-2019). II. Procedures With respect to each application to employ a professional that is filed, the party engaging the professional may proceed in any of the following ways: (i) utilize the Court’s voluntary notice procedure set forth in General Order 24-2018, (ii) set the application for hearing at least twenty-one (21) days after it is filed using the Court’s Open Calendar Procedures, or (iii) utilize the procedure described below. 1. At least twenty-one (21) days after the filing of the petition, counsel may upload an order, substantially in the form attached to these procedures as Exhibit A, granting the application subject to objection. 1 2. Provided that the application satisfies the requirements of 11 U.S.C. § 327(a) and FRBP 2014, the Court will enter the submitted proposed order in the ordinary course. 3. If the Court finds that the application or the applicant may not comply with 11 U.S.C. § 327(a) and FRBP 2014, the Court may set the application for a hearing instead of entering the submitted proposed order. III. Professionals Engaged by Debtor After Commencement, by Committee or by Trustee Any of the procedures set forth in II above may also be used with regard to professionals that the Debtor determines it needs to engage after the commencement of the case, and with regard to professionals to be engaged by an official committee or by a trustee appointed in the case. All applications should be filed promptly upon the engagement of the professional. 1 Federal Rule of Bankruptcy Procedure 6003(a) prevents the Court from entering an order approving an application under Federal Rule of Bankruptcy Procedure 2014 within the first 21 days of the case. Exhibit A to Procedures for Engagement of Professionals in Chapter 11 Cases (Form of Proposed Order) [4 inches for ECF Order] UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA _____________ DIVISION In re [Debtor’s Name], Debtor. _______________________________________ Chapter 11 Case No. ___________ Judge ______________ ORDER APPROVING APPLICATION OF PROFESSIONAL, SUBJECT TO OBJECTION [Debtor/Committee/Trustee] filed on [date](Docket No. __) an application to employ [name of professional organization](the “Applicant”) as [type of professional] for [Debtor/Committee/Trustee] in this case (the “Application”). No hearing is necessary on the Application absent the filing of an objection to it. Pursuant to a certificate of service filed with or attached to the Application, the Application has been served on the United States Trustee as required by Federal Rule of Bankruptcy Procedure 2014, and on [other parties served with Application]. No further service of the Application is necessary. The Application and accompanying affidavit of [name of affiant] demonstrate preliminarily that the Applicant [is/are] [attorneys qualified to practice in this Court, for attorneys] and [is/are] disinterested. Accordingly, it is hereby ORDERED that, pursuant to 11 U.S.C. § 327 and Federal Rule of Bankruptcy Procedure 2014, the Application is GRANTED, and [Debtor/Committee/Trustee] is authorized to employ the Applicant as its [type of professional] during the Debtor’s Chapter 11 case, subject to objection as provided for herein; and it is further ORDERED that compensation may be paid and expenses reimbursed to the Applicant only pursuant to an application filed and approved by this Court pursuant to 11 U.S.C. §§ 330, 331 and Federal Rule of Bankruptcy Procedure 2016, unless the Court orders otherwise; and it is further ORDERED that any party in interest shall have twenty-one (21) days from the service of this Order to file an objection to the Application and/or the relief provided in this Order; and it is further ORDERED that if an objection is timely filed counsel for the Debtor will set the Application and all such objections for hearing pursuant to the Court’s Open Calendar Procedures; and it is further ORDERED that if no objection to this Order is timely filed, this Order shall be a final Order approving the Application; and it is further ORDERED that Applicant shall, within three (3) days of the entry of this Order, cause a copy of this Order to be served by first class mail, postage prepaid, on all parties served with the Application, and shall file promptly thereafter a certificate of service confirming such service. END OF ORDER Prepared and presented by: [signature block for presenter] [Distribution List]

Chat with this judge practice using AI

Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.