=== Form of Notice ===
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. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA [ATLANTA or NEWNAN] DIVISION IN RE: [NAME OF DEBTOR(s)], Debtor(s). [NAME OF MOVANT(s)], v. Movant(s), [NAME OF RESPONDENT(s)], Respondent(s). : : : : : : : : : : : : : : : : CASE NO. [xx-xxxxx-xxx] CHAPTER [xx] CONTESTED MATTER1 NOTICE OF HEARING PLEASE TAKE NOTICE that [NAME OF MOVANT(s)] has filed [State title of pleading, e.g., motion for relief from stay] (the “Motion” or “Application” or “Objection”, as appropriate) and related papers with the Court seeking an order [state relief sought in Motion, Application or Objection]. PLEASE TAKE FURTHER NOTICE that the Court will hold a hearing on the [Motion or Application or Objection, as appropriate] at [TIME, e.g. 9:30 A. M.] on [DATE, e.g. September 29, 2025 (for the Atlanta Division - Courtroom 1204, United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303) or (for the Newnan Division - 2nd Floor Courtroom, United States Courthouse, 18 Greenville Street, Newnan, GA 30263), which must be attended in person, unless the Court orders otherwise. 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 pleadings 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 1 Use the Contested Matter portion of the caption only for matters that are contested matters under Fed. R. Bankr. P. 9014. For all other matters, just use the case portion of the caption. received by the Clerk before the hearing. The address of the Clerk's Office is: Clerk, U. S. Bankruptcy Court, Suite 1340, 75 Ted Turner Drive, SW, Atlanta Georgia 30303. You must also mail a copy of your response to the undersigned at the address stated below. [IF THE MOTION IS FOR RELIEF FROM STAY, COUNSEL IS REQUESTED TO ADD THIS STATEMENT: If a hearing on the Motion cannot be held within thirty (30) days, Movant waives the requirement for holding a preliminary hearing within thirty days of filing the Motion and agrees to a hearing on the earliest possible date. Movant consents to the automatic stay remaining in effect until the Court orders otherwise.] Dated: [DATE] SIGNATURE [NAME OF COUNSEL OR PRO SE ] Counsel for Movant Georgia Bar No. [xxxxxxx] [ADDRESS, TELEPHONE] Certificate of Service I hereby certify that on the [XX] day of [Month], [Year], I electronically filed the foregoing [DESCRIBE PLEADINGS, e.g., Motion for Relief from Stay and Notice of Hearing] using the Bankruptcy Court’s Electronic Case Filing program, which sends a notice of this document and an accompanying link to this document to the following parties who have appeared in this case under the Bankruptcy Court’s Electronic Case Filing program: [LIST NAMES] I further certify that on this day I caused a copy of this document to be served via [SPECIFY MEANS OF SERVICE, SUCH AS UNITED STATES FIRST CLASS MAIL, WITH ADEQUATE POSTAGE PREPAID OR OVERNIGHT MAIL] on the following parties at the address shown for each. [State name and address of each person or entity to which copies were mailed. READ AND COMPLY WITH BANKRUPTCY RULE 7004 CONCERNING HOW TO EFFECT PROPER SERVICE.] Dated: [DATE] Signature of Person Serving Pleadings [Name and Address of Person Serving Pleadings]
=== Approved Service List for Tax Authorities ===
Approved Service List for Tax Authorities Internal Revenue Service – Service List United States Attorney 600 Russell B. Russell Building 75 Ted Turner Drive, S.W. Atlanta, Georgia 30303-3309 Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101-7346 Internal Revenue Service 401 W. Peachtree Street, N.W. Stop 334-D Atlanta, GA 30308 Department of Justice, Tax Division. Civil Trial Section, Southern Region P. O. Box 14198 Ben Franklin Station Washington, D. C. 20044 United States Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Georgia Department of Revenue – Service List Georgia Department of Revenue Compliance Division ARCS - Bankruptcy 1800 Century Blvd NE, Suite 9100 Atlanta, GA 30345-3202
=== Order Granting Motion to Strip Lien ===
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION In re: [DEBTOR NAME(S)] [Debtor/Debtors]. : : : : : CHAPTER 13 CASE NO. [ ]-LRC _________________________________________ : _________________________________ [DEBTOR NAME(S)] [Movant/Movants], v. [SECURED LENDER]. Respondent. : : : : : : : : : CONTESTED MATTER ORDER GRANTING [DEBTOR’S/DEBTORS’] MOTION TO STRIP LIEN The above matter came before the Court on [Hearing Date] on [Debtor’s/Debtors’] Motion [Title] (the “Motion”) [Docket No. ___]. [Debtor/Debtors] [seek/seeks] a determination that the [second] priority lien (the “Lien”) held by [Respondent] on [Debtor’s/Debtors’] interest in [real property located at Property Address or personal property consisting of ________] (the “Property”) is completely unsecured and the Lien should be stripped off because, based upon the Property’s value of $_______and the amount of the first priority lien of $________________ , there is no equity in the Property to which the Lien can attach. No party filed a response or otherwise appeared in opposition to the Motion. Based upon all matters of record, it is hereby ORDERED that the Motion is granted as provided herein; it is FURTHER ORDERED that, for purposes of the [Debtor’s/Debtors’] Chapter 13 case, the claim of [Respondent] related to the Lien [Claim No. ___, if filed] shall be treated as a general non- priority unsecured claim; and it is FURTHER ORDERED that, effective upon entry of discharge in the [Debtor’s/Debtors’] Chapter 13 case, the Respondent’s Lien [evidenced by a security deed recorded in the Superior Court of [County Name] County at Deed Book [__], Page [___]], shall be deemed void without further order pursuant to 11 U.S.C. Sections 506(a), (d) and 1322(b)(2); provided, however, that the Court reserves jurisdiction to consider, if appropriate, the avoidance of Respondent’s Lien prior to entry of a discharge under 11 U.S.C. Section 1328(a). In the event the [Debtor’s/Debtors’] case is dismissed or converted to Chapter 7, the Lien shall not be affected by this Order in accordance with 11 U.S.C. Sections 349(b)(1)(C) or 348(f)(1)(B), as applicable. END OF DOCUMENT [Debtor’s/Debtors’ Counsel’s Address] DISTRIBUTION LIST Adam Goodman, Trustee Suite 200 260 Peachtree Street, N.W. Atlanta, GA 30303 [Debtor’s/Debtors’ Address] [Respondent’s Address]
=== Order Approving Special Counsel ===
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR NAME(S)], [Debtor/Debtors]. CHAPTER [X] CASE NO. [XX-XXXXX] – LRC ORDER APPROVING SPECIAL COUNSEL, SUBJECT TO OBJECTION On [date], [Debtor/Debtors] filed an application (the “Application”) to employ [Professional’s name] (“Special Counsel”) to represent [Debtor/Debtors] in connection with [type of claim/cause of action] (the “Matters”). See Doc. No. [docket no]. No notice or hearing on the Application is necessary. The Application and accompanying affidavit demonstrate that Special Counsel is a firm of attorneys with expertise in the Matters, that they represent no interest adverse to [Debtor/Debtors] or the estate in the Matters, and that this case justifies employment of a professional for the purpose specified. Special Counsel is advised, however, that contingency fee agreements are subject to scrutiny by the Court. Upon application for compensation, the Court may reduce the amount of compensation under a contingency fee agreement if such amount is unreasonable. Blanchard v. Bergeron, 489 U.S. 87 (1989). To facilitate review of an application for compensation, it should include either itemized time entries or a narrative description of the services provided. Further, Special Counsel is reminded that any settlement of claims relating to the Matters is subject to approval of this Court after notice to creditors and an opportunity to be heard. See Fed. R. Bankr. P. 9019, 2002(a). Therefore, neither [Debtor/Debtors], nor bankruptcy counsel for the [Debtor/Debtors] is authorized to settle, compromise, or release any claims without the approval of this Court. Accordingly, it is hereby ORDERED that, pursuant to 11 U.S.C. 327(e) and Bankruptcy Rule 2014, the Application is GRANTED. [Debtor/Debtors] [is/are] authorized to employ Special Counsel during [Debtor’s/Debtors’] Chapter [X] case, subject to objection filed by the U. S. Trustee, the Chapter [X] Trustee, or any other party in interest on or before 21 days from the date of entry of this Order. It is further ORDERED that compensation shall be paid to Special Counsel upon notice, hearing, and approval by the Court pursuant to 11 U.S.C. 330 and 331 and Bankruptcy Rule 2016 of an appropriately detailed application, copies of which shall be served on the Chapter [X] Trustee and United States Trustee. Distribution List [END OF DOCUMENT]
=== Adversary Proceedings Assigned to Judge Ritchey Craig ===
Adversary Proceedings Assigned to Judge Ritchey Craig ➢ Attorneys should NOT use self-calendaring for hearings in adversary proceedings pursuant to BLR 7007-1. BLR 7007-1. Filing of Motions and Responses in Adversary Proceedings; Hearings. This rule applies only in adversary proceedings and whenever the Bankruptcy Court makes Part VII of the Bankruptcy Rules applicable in a contested matter. (a) Briefs; Affidavits. Any motion must be accompanied by a memorandum of law or other citation of supporting authority. If allegations of fact not otherwise in the record are relied upon, supporting affidavits must be filed with the motion or memorandum of law. (b) Motions Pending on Removal. See BLR 9027-1. (c) Response to Motion. Any party opposing a motion must file and serve the party’s response, responsive memorandum, affidavits, and any other responsive material not later than fourteen days after service of the motion, except that the time to respond to a motion for summary judgment is twenty-one days. Failure to file a response indicates no opposition to the motion. (d) Reply. A reply by the movant is permitted, but it is not necessary for the movant to file a reply as a routine practice. When the movant deems it necessary to file a reply, the reply must be filed and served not later than fourteen days after service of the responsive pleading. (e) Page and Type Limitations. Absent prior permission of the Bankruptcy Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five pages. If the movant files a reply, the reply brief may not exceed fifteen pages. (f) by the Bankruptcy Court. Hearings. Motions will be decided by the Bankruptcy Court without a hearing, unless a hearing is ordered (g) Expedited Hearings on Motions. Upon written motion and for good cause shown, the Bankruptcy Court may shorten the time requirements of this rule and grant an expedited hearing on any matter requiring immediate attention. The motion must set forth in detail the necessity for such expedited procedure. (h) or brief that fails to conform to the requirements of these Rules. Effect of Noncompliance. The Bankruptcy Court, in its discretion, may decline to consider any motion (i) Extensions of Time. See BLR 9006-1. ➢ If matter is ready for trial, the parties shall prepare and sign a proposed consolidated pretrial order and shall e-mail the proposed consolidated pretrial order in Microsoft Word format to Judge Ritchey Craig’s Chambers e-mail [email protected] ➢ If the parties wish to request a Pre-Trial conference please send your request to Christy Lee, Courtroom Deputy Clerk at [email protected]
=== Engagement of Professionals in Chapter 11 Cases for ATLANTA & NEWNAN ===
Procedures for the Engagement of Professionals in Chapter 11 Cases FOR ATLANTA & NEWNAN 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) [Four inch top margin required for a CM/ECF Order] UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION Chapter 11 Case No. Judge In re [Debtor’s Name], Debtor. 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 DOCUMENT] Prepared and presented by: [signature block for presenter] DISTRIBUTION LIST