Contact with the Court (updated September 2018); Affidavits of Default (updated July 2016); Chapter 13 Calendar (updated May 2018); Requests to Adjourn or Change a Hearing Date and Requests to Adjourn or Change a Hearing Date on a Motion for Relief from the Automatic Stay (updated July 2016); Cancel

=== Contact with the Court (updated September 2018) ===

Contact With the Court • In general, parties and their lawyer should communicate with the court in writing. For assistance with a scheduling matter (obtaining a hearing date, re‐ scheduling a hearing, etc.), please contact a member of the court’s staff (chambers) by calling (414) 290‐2680 Monday – Friday between the hours of 8:30 a.m. and 5:00 p.m. The staff members are: o Sara Hackbarth, Courtroom Deputy o Kris Lucas, Courtroom Deputy o Shay A. Agsten, Law Clerk o Cameron Marston, Law Clerk • The court staff cannot provide legal advice. • Ex parte communication with Judge Halfenger, directly or indirectly, is prohibited.

=== Affidavits of Default (updated July 2016) ===

Affidavits of Default  The court will generally hold orders granting relief pursuant to an affidavit of default for seven days before acting on them to afford an opportunity for adversely affected parties either to contest the affidavit’s veracity or move for expansion of the defaulted deadline. Persons considering those courses should review Federal Rules of Bankruptcy Procedure 9011 and 9006(b).

=== Chapter 13 Calendar (updated May 2018) ===

Chapter 13 Calendar • The court hears matters assigned to Chapter 13 Standing Trustee Rebecca Garcia on Tuesdays from 1:00 p.m. to 2:30 p.m. The court hears matters assigned to Chapter 13 Standing Trustee Scott Lieske on Tuesdays from 2:30 p.m. to 4:00 p.m. • If a motion or other matter scheduled for hearing has been withdrawn, resolved, or superseded by a subsequent filing, the parties should, whenever possible, contact chambers before 4:00 p.m. on the day before the hearing, so that the court may remove the hearing, if appropriate, and avoid the unnecessary expenditure of resources in preparing for the hearing.

=== Requests to Adjourn or Change a Hearing Date and Requests to Adjourn or Change a Hearing Date on a Motion for Relief from the Automatic Stay (updated July 2016) ===

Requests to Adjourn or Change a Hearing Date  Parties seeking to adjourn or reschedule a hearing date may call chambers to inquire about rescheduling the hearing only if they have all interested parties on the line.  Some hearings, including those subject to statutory time constraints (for example, motions for relief, evidentiary hearings, and trials) and those hearings set by the court, cannot be rescheduled unless the party or parties file a motion or letter, with supporting evidence, if applicable, demonstrating cause for the requested relief.  The court may act on a request to reschedule without awaiting a response. If a party can demonstrate good cause for opposing the rescheduling, it may file a motion promptly to seek reconsideration. Requests to Adjourn or Change a Hearing Date on a Motion for Relief From the Automatic Stay  No request to adjourn a preliminary hearing on a motion for relief from the automatic stay under 11 U.S.C. §362(d) may seek to adjourn the hearing to a date more than thirty days after the day on which the motion is filed, unless the parties file a stipulation or joint letter establishing that there is a reasonable likelihood that the party opposing relief from the stay will prevail at the conclusion of the final hearing on the motion. See 11 U.S.C. §362(e).  Any request to adjourn a hearing for relief from the stay must be made sufficiently in advance of the thirtieth day after the day on which the motion is filed to allow the court to enter an order extending the automatic stay.  By participating in a request to adjourn the hearing, the non‐moving party accepts the risk that the stay will terminate pursuant to 11 U.S.C. §362(e)(1) before the court is able to act on the request.  The parties should advise chambers by phone after they have filed a joint letter or stipulation requesting that the court adjourn a hearing on a motion for relief from stay.

=== Canceling or Rescheduling hearings (updated July 2016) ===

Canceling or Rescheduling a Hearing; Advising the Court that the Parties Have Resolved Matters Set for Hearing Canceling a Hearing; Advising the Court that the Parties Have Resolved Matters Set for Hearing  If a matter set for hearing has been resolved, please advise the court by contacting chambers by telephone with all interested parties on the line.  A written resolution (stipulation, agreed order, withdrawal, etc.) must be filed in advance before the court will cancel evidentiary hearings, trials, other hearings set by the court, or hearings on motions for relief from the automatic stay. Rescheduling a Hearing  Requests to reschedule hearings on matters other than chapter 13 trustees’ confirmation objections or dismissal motions: These requests must be made in writing and state the reason for seeking an adjournment with specificity. The written request, which may be in the form of a letter, should by electronically filed using the ECF system at least 24 hours before the hearing.  The court will address the request in writing, typically with a docket entry.

=== Motions to Continue or Impose the Automatic Stay under Section 362(c)(3) or (4) (updated July 2016) ===

Motions to Continue or to Impose Stay Under §362(c)(3) or (4)  Parties should contact chambers to request a hearing date before filing the motion. The motion should be accompanied (at the time of filing) by one or more declarations (see 28 U.S.C. §1746) or affidavits signed by debtors or other persons with knowledge of facts supporting the motion.   In the event there are no objections to the motion, the court may cancel the hearing if the supporting declarations or affidavits establish that the debtors have met their burden to show that they filed the current case in good faith. If the court is not satisfied that the debtors have met this burden, the time to object has not passed, a party has objected to the motion, or the debtors have not submitted an affidavit of no objection and proposed order, then the court will hold a hearing at the scheduled time.  If the court holds a hearing, it generally anticipates that the debtor will present testimony or other evidence in support of the motion.

=== Motions Requesting Expedited Relief (updated July 2016) ===

Motions Requesting Expedited Relief  Requests to shorten the notice period should be made by separate motion filed and served before or at the same time as the underlying motion.  Parties seeking expedited adjudication are invited to advise the court by telephone that they have filed a motion to shorten time. Whenever so advised, the court will endeavor to consider the motion promptly.  Once the court has ruled on the request to shorten notice, notice of the underlying motion and any hearing date should be given as directed by the court’s order.

=== Trial and Evidentiary Procedures in the Absence of a Governing Order (updated July 2016) ===

Trial/Evidentiary Hearing Procedures in the Absence of a Governing Order  Unless ordered otherwise, each party should file a pretrial report no less than two days before the trial or hearing that states: (1) the basis for the court’s jurisdiction; (2) whether the court has statutory and constitutional authority enter a final order, and, if not, whether the party consents to the entry of a final order; (3) the elements of all claims or defenses the party believes to be at issue, and whether any elements are not disputed; and (4) the identity of all witnesses the party intends to call in its case in chief, along with a summary of each witness’s testimony.  All exhibits must be numbered before the trial or hearing.  Generally, moving parties and parties with the ultimate burden of proof should number their exhibits 1‐99; objecting and defending parties should number their exhibits 101‐199.  Copies of all exhibits and a witness list should be filed with the court and provided to all participating parties no later than two business days before the trial or the evidentiary hearing.  Unless the parties stipulate to the admission of an appraisal, appraisers will be expected to testify.  The court will not reschedule a trial or an evidentiary hearing absent good cause and upon written order of the court.

=== Proposed Orders Submitted to the Court (updated July 2016) ===

Proposed Orders Submitted to the Court  The court will generally hold orders submitted to the court following a hearing for seven days to afford other parties an opportunity to object to or comment on the form of the proposed order. Any such objection or comment should be made in a letter filed as soon as practical and served on all interested parties.  The court may not hold orders submitted following a hearing if the court concludes that the proposed order is acceptable based on the hearing and the court record.  Proposed orders filed with a written representation that all interested parties agree on the form of the order will not be held to await objections or comments. Orders resolving motions  All proposed orders that are submitted to the court to resolve motions must state that the motion is either granted or denied (in whole or in part) or withdrawn, as applicable. Orders resolving objections  All proposed orders submitted to the court to resolve objections must state that the objection is sustained or overruled (in whole or in part) or withdrawn, as applicable. Orders approving Stipulations  Proposed orders approving stipulations should attach the stipulation to the order as an exhibit.

=== Preset Procedure to Schedule Hearings on Chapter 13 Dismissal Motions ===

Procedure to Schedule Hearings on Chapter 13 Dismissal Motions Counsel for the Debtor is responsible for scheduling a hearing when filing Objections to Chapter 13 Trustee’s Motions to Dismiss. This notice only relates to objections to Chapter 13 Trustee’s motions to dismiss. If a creditor filed a motion to dismiss, the court will set a hearing on the motion if the debtor timely objects. Contact Chambers (414‐290‐2680) if you need to choose a hearing date other than the available dates listed on the court’s schedule. Filing the Objection: 1) The hearing date can be found in CM/ECF a. In CM/ECF go to Reports and look under Chambers Reports / Functions i. ii. Click on the CHAP Chamber Presets 1. Choose Judge Halfenger from the drop down menu. 2. The date and time present on the table is the date to use for scheduling the hearing. a. Please be aware there are different times for each Trustee i. Choose 1:00 p.m. for Rebecca Garcia cases ii. Choose 2:30 p.m. for Scott Lieske cases b. It is only necessary to check the Presets for the current hearing date once per day 2) Once you find the appropriate hearing date and time, add the hearing date and time to the notice (or include the language from the sample notice as part of the Objection document) a. A sample notice form is available on Judge Halfenger’s procedures website i. BEWARE: This sample notice is a fillable form. Be sure to print and save the form to PDF before filing. If the form is not saved, it is not an acceptable filing and can be edited by any person at any time. ii. SAMPLE Notice of Hearing on Motion to Dismiss (fillable .pdf), which can be found at https://www.wieb.uscourts.gov/ by clicking on the “Judges” tab, choosing “Judge G. Michael Halfenger” and clicking on the “Sample Notice of Hearing for Objections to Motions to Dismiss” link. 3) Once the notice and objection are ready to file, you can follow these instructions to docket the Objection, Notice of Hearing, and Certificate of Service a. Go to Answer/Response, Reference an Existing Motion/Application and enter the case number b. Make the following selection (DO NOT SKIP THIS STEP!): c. Pick Objection in the selection menu d. Select the Party and Filing Attorney e. Attach the PDF of the Objection and add Attachments to Document i. ii. Attach the PDF of the Notice of Hearing and PDF of the Certificate of Service 1. f. Refer to Existing Event and use the drop down menu under Set/Reschedule Hearing Information i. 1. If needed, the Chamber Presets link opens the available preset dates also found under Reports ii. Link to the event filed by the Trustee (Motion to Dismiss) Troubleshooting: 1) I can’t find the presets! a. Clear your cache. Instructional videos on how to clear your cache can be found on the Court’s website under the “Attorney Resources” tab by clicking on the “Training” subtab. b. Dates and times appear on the chart, but not for Judge Halfenger, Trustee or the specific matter type needed. This usually means a date has filled up. Please contact chambers (414‐290‐2680) and a new date will be provided. If you are filing after hours, you may leave a message. On the next business day, the dates will be updated. A Notice of Hearing can be filed separately from the Objection.

=== Preset Procedure to Schedule Hearings on Chapter 13 Trustee objections to confirmation ===

Procedure to Schedule Hearings on a Chapter 13 Trustee’s Objection to Confirmation NOTICE: This procedure ONLY APPLIES to chapter 13 trustees and ONLY chapter 13 trustees are authorized to use this procedure. If you are not a chapter 13 trustee and you have filed an objection to confirmation, the court will schedule the hearing on the objection to confirmation. Counsel for the chapter 13 trustee is responsible for scheduling a hearing when filing an objection to plan confirmation. I. Filing an Objection to Confirmation: 1) The hearing date can be found in CM/ECF a. In CM/ECF go to Reports and look under Chambers Reports / Functions i. ii. Click on the CHAP Chamber Presets 1. Choose Judge Halfenger from the drop down menu 2. The date and time present on the table is the date to use for scheduling the hearing. a. Please be aware there are different times for each Trustee i. Choose 1:00 p.m. for Rebecca Garcia cases ii. Choose 2:30 p.m. for Scott Lieske cases It is only necessary to check the Presets for the current hearing date once per day b. 2) Once you find the appropriate hearing date and time, add the hearing date and time to the notice (or include the language from the notice as part of the Objection document). 3) The notice must contain the following information: a. Parties and counsel may appear in person for this hearing at the United States Courthouse, 517 East Wisconsin Ave., Room 133, Milwaukee, Wisconsin or they may appear by Zoom videoconference at http://www.zoomgov.com/join, by entering Meeting ID 161 2029 1132 and Passcode 600430 before the scheduled hearing time. 4) Once the notice and objection are ready to file, you can follow these instructions to docket the Objection, Notice of Hearing, and Certificate of Service a. Go to the Bankruptcy Tab, then choose “Trustee/US Trustee” and enter the case number b. Pick Objection to Confirmation in the selection menu c. Make the following selection (DO NOT SKIP THIS STEP!): d. Select the Party e. Attach the PDF of the Objection to Confirmation and add Attachments to Document (if attachments are applicable) i. ii. Attach the PDF of the Notice of Hearing and PDF of the Certificate of Service (this step only applies if you are using attachments – if not, skip this step) 1. f. Refer to Existing Event and use the drop down menu under Set/Reschedule Hearing Information i. 1. If needed, the Chamber Presets link opens the available preset dates also found under Reports ii. Link to the event (the plan to which the trustee is objecting) II. Troubleshooting: 1) I can’t find the presets! a. Clear your cache. Instructional videos on how to clear your cache can be found on the Court’s website under the “Attorney Resources” tab by clicking on the “Training” subtab. b. Dates and times appear on the chart, but not for Judge Halfenger, Trustee or the specific matter type needed. This usually means a date has filled up. Please contact chambers (414-290-2680) and a new date will be provided. If you are filing after hours, you may leave a message. On the next business day, the dates will be updated. A Notice of Hearing can be filed separately from the Objection.

=== Sample Notice of Hearing for Objections to Motions to Dismiss (pdf fillable) ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF WISCONSIN In re _______________________________ , Debtor(s). Chapter 13 Case No. ________________-gmh NOTICE OF HEARING ON TRUSTEE’S MOTION TO DISMISS PLEASE TAKE NOTICE that a hearing on the Trustee’s Motion to Dismiss Case will be held before the Honorable G. Michael Halfenger, United States bankruptcy Judge on ___________________ at ________. Should any party have a conflict with the scheduled date and time for this hearing, that party should review the Chambers Procedures for Judge Halfenger, which can be found on the court’s website at www.wieb.uscourts.gov. PLEASE TAKE FURTHER NOTICE that parties and counsel may appear in person for this hearing at the United States Courthouse, 517 East Wisconsin Ave., Room 133, Milwaukee, Wisconsin or they may appear by Zoom videoconference, http://www.zoomgov.com/join, Meeting ID: 161 2029 1132, Passcode: 600430. Additional Zoom access details, including direct hyperlinks to meeting rooms, are available on the Court’s website. The court may already be in session, so please wait quietly for your case to be called. The Debtor is welcome, but not required to, participate in this hearing. PLEASE TAKE FURTHER NOTICE that the court may rule at the hearing or may schedule additional hearings, without further notice. Debtors’ attorney ____________________________________