Chapter 13 Fee Applications Notice and Hearing Required; Chapter 13 Retention and Fees; Standing Order No.1 - Signature Stamp; Standing Order No.2 - Requirements for Court Copies; Required Form - Final Pretrial Order; Required Form - Order Allowing Re-Opening of Bankruptcy Case; Required Form - Orde

=== Standing Order No.1 - Signature Stamp ===

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STANDING ORDER NO. 1 Signature Stamp By direction of this Court pursuant to the provisions of 28 U.S.C. Section 956 of the United States Code: IT IS HEREBY ORDERED THAT the staff of this Court is authorized to use a full signature stamp of the Judge which will be initialed by Josephine Green, Courtroom Deputy, Sylvia Stallworth, Judicial Assistant and any employee of the Bankruptcy Court who has been authorized in writing, for all original orders appropriately entered before this Court. Dated: September 22, 2020 ENTERED: _________/S/______________________ Jacqueline P. Cox United States Bankruptcy Judge

=== Standing Order No.2 - Requirements for Court Copies ===

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STANDING ORDER NO. 2 IT IS HEREBY ORDERED THAT copies of pleadings, motions and other papers submitted to the court or served on counsel or other parties must be exact copies of the originals as filed. The copies must include all signatures and dates. If exhibits are attached to the original document, the copies must include copies of those exhibits. If copies of pleadings, motions, or other papers fail to comply with the requirements of this Standing Order, the court may, in its discretion and without notice, strike them. Dated: July 29, 2003 Judge ENTERED: _________/S/____________________ Jacqueline P. Cox United States Bankruptcy

=== Required Form - Final Pretrial Order ===

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: Debtor(s). ____________________________________ Defendant(s). Plaintiff(s), v. Chapter Case No. Adv. No. Judge Jacqueline P. Cox FINAL PRETRIAL ORDER The following provisions will govern the future course of this proceeding. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN WAIVER OF CLAIMS OR DEFENSES, DISMISSAL, DEFAULT, EXCLUSION OR ADMISSION OF EVIDENCE OR OTHER SANCTION, AS JUSTICE MAY REQUIRE. Continuances. No continuance of the trial date will be granted except for good cause shown. Any motion for continuance must be presented, with proper notice, at least ten (10) days before the trial date. All submissions required by this order shall be served on all other parties on or before ___________1 Documents required to be submitted under this Final Pretrial Order shall not be filed with the Clerk of the Court unless the court so directs. The “Pretrial Materials” submitted according to this Order shall consist of a single, jointly-prepared document which should provide a “road map” for the trial. The pretrial materials shall contain the following elements: 1The parties may agree, however, that voluminous exhibits and depositions which are readily identifiable by all parties need not be served. Proffering counsel has responsibility to solicit and obtain such agreement and shall so recite within its list of exhibits. 1. Discovery. Discovery is closed. 2. Pleadings. No party seeks to file any further pleadings. 3. Potentially Dispositive Motions. Any potentially dispositive motions must be filed and fully briefed no later than fourteen (14) days before trial. 4. Trial Exhibits. This submission shall be a complete list of trial exhibits, with objections identified and supported with authority parties wish the court to consider, and a copy of each exhibit. Each exhibit shall be identified by number, brief description, and, if dated, the date (e.g., “Debtor’s Ex. 5, Letter from debtor to ABC Bank, 12/5/97"). The copies of each exhibit shall be clearly numbered by tabs, in the probable order of presentation at the hearing. To prepare the exhibit list the parties shall proceed as follows. At least (10) days before the date for submission of Pretrial Materials (“Submission Date”), each party shall serve on all other parties (1) a list of exhibits and a copy of each exhibit that the party intends to introduce, identified and pre-marked as indicated in the preceding paragraph. Any party opposed to the admission of a proffered exhibit shall serve, no less than (5) day(s) before the Submission Date, objections to exhibits specifying each ground on which admission of the exhibit is opposed, with authority on which the party relies. The parties shall then confer and resolve as many objections as possible. The Schedule of Exhibits contained in the Pretrial Materials shall identify the unresolved objections and the authority which each party wishes the court to consider. Any proffered exhibit to which such an objection is not submitted will be received in evidence. 5. List Of Witnesses. This submission shall be a complete list of the names of witnesses whom each party intends to call at trial. The list of witnesses should indicate “will call” and “may call” witnesses, to assist the court in estimating trial time. At least (10) day(s) prior to the Submission Date, each party shall serve on all other parties a list of the names of the witnesses that party intends to call at trial, with a brief statement of the subject matter of each witness’s expected testimony. Any party opposed to the admission of testimony set forth on a witness list shall serve, no less than (5) days(s) before the Submission Date, objections specifying grounds and authority therefore. The parties shall then confer in order to resolve as many objections as possible. Any proffered witness to which such an objection is not submitted may be permitted to testify. The parties shall submit a list of all depositions or portions thereof to be read into evidence, with a transcript of the testimony to be read. The entire deposition transcript must be submitted. Deposition testimony proffered shall be highlighted in color. Any additional testimony of the same witness proffered by another party shall be highlighted in a different color. The procedure set forth above for objecting to the admission of the testimony of a witness -2- shall apply to objections to deposition designations. Any expert witness must be identified on the witness lists as provided above, along with the expert witness’s report prepared under Fed. R. Civ. Pro. 26(a)(2)(B). If no such report exists, the witness list shall include a statement of the subject matter on which such expert witness shall testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Unless otherwise ordered, the procedure set out above for objecting to the admission of the testimony of a witness shall apply to objections to expert witnesses. If an objection is made, the court will allow the testimony of an expert who has not been disclosed and made available for discovery in accordance with Rule 7026(a)(2) only if the court finds, on motion of the proffering party made in advance of the Submission Date, that the simplicity of the issue concerning which the expert is proffered justifies non-compliance with Rule 26(a)(2). 6. Motion in limine. All motions to limit, to exclude, or to bar testimony of a witness, or to exclude deposition testimony, together with authority supporting such motion, must be filed on or before . Responses are due seven (7) days thereafter. No replies should be filed. 7. Trial Briefs. On or before , each party must file and serve a trial brief. The page limit is fifteen (15) pages, unless the court orders otherwise. The brief must (1) describe what the party believes the evidence at trial will show, (2) identify the legal issues in each count of each party’s pleadings, and (3) provide a thorough and complete legal argument, with citations to relevant legal authorities, supporting the party’s contentions on the merits. Failure to file a trial brief will bar a party from presenting any evidence or participating at trial, or both. 8. Proposed Findings Of Fact, Conclusions Of Law. Proposed findings of fact and conclusions of law which set forth, in detail, the factual and legal propositions which the party believes require a ruling in its favor. Each proposed finding of fact shall include a reference to the exhibits and testimony that are expected to support the finding, and each proposed conclusion of law shall include a reference to supporting statutes and authorities. The court may, in addition, require closing arguments and/or post-hearing briefs. 9. Joint List of Stipulated Facts. To the extent reasonably possible, the parties must stipulate to facts and documents. No later than the parties must file with the court a joint list, signed by counsel, stating all facts and documents to which the parties have stipulated. The stipulations are deemed admitted into evidence. 10. Compliance with this Order. Failure to comply with the Order will result in the imposition of appropriate sanctions. Sanctions include, but are not limited to, the following: -3- a. b. c. Any exhibit not listed and exchanged in accordance with this Order may not be admitted into evidence. A party who fails to exchange and file the list of exhibits that this Order requires may be precluded from introducing any exhibits into evidence. Any witness not identified and listed in accordance with this Order will be barred from testifying at trial. A party who fails to exchange and file with the court the list of witnesses that this Order requires may be barred from presenting any witnesses. Any legal claim, theory or argument not raised and thoroughly discussed in a party’s trial brief with appropriate citations to legal authority will be deemed waived. The claim will not be considered, and no evidence relevant to it will be admitted. SNC Nut Co. v. Haagen-Dazs Co., 302 F.3d 725 (7th Cir. 2002). Failure to file a trial brief will bar a party from presenting any evidence or participating at trial, or both. d. A party who is defaulted for failure to comply with this Order will not be permitted to participate in a prove-up hearing. 11. The Final Pre-trial hearing is set for at _________. 12. This matter is set for trial on at the United States Courthouse, 219 South Dearborn Street, Courtroom 680, Chicago, Illinois; at the court’s discretion, the trial will continue from day to day until completed. Date: ENTERED: ______________________________________ Jacqueline P. Cox United States Bankruptcy Judge -4-

=== Required Form - Order Allowing Re-Opening of Bankruptcy Case ===

In re: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Chapter Case No. Judge Jacqueline P. Cox Debtor. ORDER ALLOWING RE-OPENING OF BANKRUPTCY CASE THIS CAUSE, coming to be heard upon the Motion of Debtor(s), _________________ and pursuant to the Court’s power under § 350 of the Bankruptcy Code, and with Counsel for Debtor(s) providing due notice to all interested parties, and with the Court being duly advised in the premises: IT IS HEREBY ORDERED: 1. 2. 3. The Docket Entry entered on _____________ closing this case without an entry of discharge order is vacated. This case is hereby re-opened for the limited purpose of allowing the Debtor(s) to file the Certificate of Completion of Financial Management Course/ Debtor Education Course and Supporting/ Court Form 23 Certificate Concerning Financial Management. That upon filing the Certificate of Completion of Financial Management Course/Debtor Education Course and Supporting Court Form 23 Certificate Concerning Financial Management, the Clerk of this Court is directed to issue an Order for Discharge. 4. Upon said recorded entry of an Order for Discharge this case will be closed. Dated: ENTERED: ________________________________ Judge Jacqueline P. Cox United States Bankruptcy Judge

=== Required Form - Order Determining Value of Collateral ===

In re: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case No. Judge Jacqueline P. Cox Debtor. ORDER DETERMINING VALUE OF COLLATERAL This cause coming before the court on the Debtor’s Motion to Determine Valuation of Collateral, all parties having been given notice thereof, and the Court being duly advised, IT IS HEREBY ORDERED BY THE COURT that: 1. 2. 3. 4. 5. 6. 7. That a first mortgage lien is held by ________________________ on the property commonly known as ________________________________, in the secured amount of $________________. That ____________________ holds a second mortgage lien on the property commonly known as ___________________________ in the secured amount of $_____________. The Debtor’s real estate, commonly known as ____________________________, PIN __________________________, in Cook County, Illinois, is valued at $__________________. That the Court finds that ___________________________ claim has no collateral value. _________________________ shall retain its junior lien on Debtor’s real property until the earlier of: a) the payment of the underlying debt determined under non-bankruptcy law; or b) discharge under § 1328. The junior lien shall be paid under the Plan as a general unsecured claim pursuant to 11 U.S.C. § 506(a). This order shall identify the real estate’s PIN number. Dated: ENTERED: _____________________________ Jacqueline P. Cox United States Bankruptcy Judge

=== Required Form - Order Permitting the Sale of Real Estate ===

In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Chapter 13 Case No. __ B ______ Hon. Jacqueline P. Cox Debtor. ORDER PERMITTING THE SALE OF REAL ESTATE Having read the motion for permission to sell real estate, heard the arguments of counsel, and found that due notice has been provided, the Court hereby orders as follows: 1. 2. The Debtor is authorized to sell real estate located at ________________________. The Debtor shall forward a copy of the RESPA or Closing Disclosure Settlement Statement to the Chapter 13 Trustee in this case within 3 days after the closing. 3. At the closing proceeds of the transaction shall be used to pay off all existing mortgages and other liens against the Debtor’s real estate plus usual and customary closing costs and fees of the Debtor. 4. Except for the homestead exemption amount of $ _____________, the balance remaining after payment of the amounts listed in paragraph 3 shall be forwarded to the Chapter 13 Trustee Thomas H. Hooper, who must allocate that balance between creditors and the Debtor in the manner described in the Debtor’s confirmed Chapter 13 plan or modification thereof. 5. Parties presently within the personal jurisdiction of the Bankruptcy Court may be subject to civil- contempt remedies for violation of this order. If other entities, including the lender, title company, or other escrow-account holder, do not comply with this order, they may be subject to a suit to avoid and recover unauthorized postpetition transfers pursuant to 11 U.S.C. §§ 549 & 550. Date: ____________ ENTERED: ______________________________ Jacqueline P. Cox United States Bankruptcy Judge

=== Required Form - Order Permitting the Refinancing of Real Estate ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: __________ _________, Debtor. Chapter 13 __ B ______ Hon. Jacqueline P. Cox ORDER PERMITTING THE REFINANCING OF REAL ESTATE Having read the motion for permission to refinance real estate, heard the arguments of counsel, and found that due notice has been provided, the Court hereby orders as follows: 1. The Debtor is authorized to obtain additional credit in the approximate amount of $__________ for the purpose of refinancing real estate located at ________________________. 2. The Debtor shall forward a copy of the RESPA settlement statement to the Chapter 13 Trustee in this case within 3 days after the closing. 3. The proceeds of the transaction shall be used to pay off all existing mortgages and other liens against the Debtor’s real estate plus usual and customary closing costs and fees at the closing. 4. The entire balance remaining after payment of the amounts listed in paragraph 3 shall be forwarded to the Chapter 13 Trustee Thomas H. Hooper, who must allocate that balance between creditors and the Debtor in the manner described in the Debtor’s confirmed Chapter 13 plan or modification thereof. Any claim to a homestead exemption amount does not apply to a refinancing transaction such as the transaction approved in this order. In re Lowder, 188 B.R. 573 and 735 ILCS 5/12 - 906. 5. Parties presently within the personal jurisdiction of the Bankruptcy Court may be subject to civil- contempt remedies for violation of this order. If other entities, including the lender, title company, or other escrow-account holder, do not comply with this order, they may be subject to a suit to avoid and recover unauthorized postpetition transfers pursuant to 11 U.S.C. §§ 549 & 550. 6. The new mortgage loan shall not be an adjustable rate mortgage. Date: ____________ ENTERED: ______________________________ Jacqueline P. Cox United States Bankruptcy Judge

=== Required Form - Order Setting Scheduling Conference ===

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In Re: ___________________________________ Debtor(s). Plaintiff, v. Defendant. Case No. Adversary No. ORDER SETTING SCHEDULING CONFERENCE This adversary proceeding/contested matter is set for scheduling conference under Federal Rule of Bankruptcy Procedure 7016(b) (incorporating Federal Rule of Civil Procedure 16), on _______________________ at _________________ in Courtroom _______, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois. Before the above date the parties are directed to (1) hold a Rule 7026(f) planning meeting pursuant to Federal Rule of Bankruptcy Procedure 7026, (2) file a written report of the resulting proposed discovery plan in compliance with the same civil procedure rule, and (3) comply with the initial disclosure requirements of Rule 26(a)(1). The parties must comply with (2) and (3) no later than 14 days before the scheduling conference. The parties are directed to confer beforehand concerning the following matters, on which the court may take appropriate action at the scheduling conference: 1. 2. 3. 4. the existence of disputes concerning jurisdiction or venue; formulation and simplification of issues, including the elimination of claims and defenses; the need to amend the pleadings, join additional parties, or file motions attacking the pleadings; the need for (additional) discovery, including expert witness discovery, and the timing of needed discovery; 5. 6. 7. 8. 9. 10. identification of the principal uncontested facts and issues of law, (and if the box contains “X”)., G Prepare a joint comprehensive stipulation of all uncontested facts on which will become a part of the evidentiary record in the proceeding, and a comprehensive statement of legal issues about which there is no dispute, which will bind the parties at trial;¹ identification of the principal contested issues of fact and law, (and if box contains “X”), G Prepare a joint comprehensive statement of all contested facts on which evidence will be offered and a comprehensive statement of legal issues about which will need to be resolved; the appropriateness and timing of summary disposition under Rule 56 of the Federal Rules of Civil Procedure; the possibility of settlement, the need for court assistance in settlement, or referral to mediation under local Rules 1000 et seq.; the need for and timing of submission of a Final Pretrial Order, and proposed trial dates; and such other matters as may facilitate the just, speedy, and inexpensive disposition of this proceeding. Dated: ENTER: ____________________________________ Jacqueline P. Cox United States Bankruptcy Judge ______________________________ ¹Proposed stipulated facts shall be stated in neutral language so as to encourage stipulation. Where disagreement arises as to the form of a proposed fact statement, counsel shall endeavor to compromise towards reaching acceptable statement of facts.

=== Required Form - Scheduling Order ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: Debtor(s). ___________________________________ Defendant(s). Plaintiff(s), v. Case No. Chapter Honorable Jacqueline P. Cox Adversary No. SCHEDULING ORDER This adversary proceeding/contested matter having come before the court for a scheduling conference, the parties having been given notice and opportunity to be heard, the court orders as follows: (a) (b) (c) The parties are hereby ordered to comply with the initial disclosure requirements of Federal Rule of Civil Procedure 26 (a) (1) (as it applies in adversary proceedings) on or before __________. All non-expert discovery must be completed on or before __________. The Plaintiff shall disclose trial experts on or before ___________. The Plaintiff’s trial experts must be deposed on or before _________. The Defendant’s trial experts must be disclosed on or before ___________. The Defendant’s trial experts must be deposed on or before ___________. Disclosure of additional experts may be sought by motion. Any motion challenging the qualifications or proposed testimony of an expert witness must be made within 14 days after the deposition of the expert. Motion(s) for summary judgment shall be filed by ____________. (d) (e) (f) (g) A settlement conference will be held on ____________________ at __________, with Judge _____________________________. The trial is set to commence on__________________________________. Other: ______________________________________. A Final Pre-Trial hearing will be held on ____________ at ____________ in Courtroom 680, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. This order shall not be modified except by leave of court for good cause shown. Dated: ENTER: _________________________ Jacqueline P. Cox United States Bankruptcy Judge