here; here; here; here; here; here; here as a PDF; here
Hon. John T. Gregg · U.S. Bankruptcy Court for the Western District of Michigan
Hon. John T. Gregg · U.S. Bankruptcy Court for the Western District of Michigan
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ___________-jtg Chapter ___ Hon. John T. Gregg Debtor(s). / ORDER GRANTING MOTION TO REDUCE NOTICE PERIOD REGARDING ] This matter comes before the court on the filed by of Motion [ (the “Motion”) separately filed by the Movant. to Shorten seeks reduce to [Dkt. No. ___] (the “Motion to Shorten”) (the “Movant”), on behalf of . The the [Dkt. No. ___] in connection with the notice period The court has reviewed the Motion to Shorten and finds that a hearing is unnecessary. The Motion to Shorten sufficiently demonstrates cause for reduction of the notice period as required by Fed. R. Bankr. P. 9006(c) and LBR 9013(__). NOW, THEREFORE, IT IS HEREBY ORDERED that the Motion to Shorten is granted. IT IS FURTHER ORDERED that a hearing on the Motion shall be held on at (Eastern) at the United States Bankruptcy Court for the [ Western District of Michigan, IT IS FURTHER ORDERED that any objection to the Motion shall be filed with the court and served on requisite parties by no later than at (Eastern). . IT IS FURTHER ORDERED that in the event no objections are timely filed, the Movant may file a certificate of no objection, in which case the court may enter an order approving the relief sought without the need for a hearing. IT IS FURTHER ORDERED that the Movant shall serve a copy of this Order, the Motion and all documents related thereto upon requisite parties via first class mail by no later than [END OF ORDER]
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. _____________ -jtg Debtor(s). / ORDER Upon the (the “ the circumstances; and after due deliberation thereon; IT IS HEREBY ORDERED THAT: 1. The Chapter ___ Hon. John T. Gregg ] ] [Dkt. No. ___] ”); due and adequate notice of having been given under the is 3. The Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order. IT IS FURTHER ORDERED THAT a copy of this Order shall be served by on [END OF ORDER]
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ____________-jtg Chapter ____ Hon. John T. Gregg Debtor(s). / ORDER APPROVING INTERIM FEE APPLICATION Upon the interim application for compensation [Dkt. No. ___] (the “Application”) filed by (the “Applicant”); due and adequate notice of the Application having been given under the circumstances; no objections having timely been filed; and after due deliberation thereon; IT IS HEREBY ORDERED THAT: The Application is approved. 1. 2. The Applicant was previously awarded interim compensation in the aggregate and is herein awarded additional compensation in the amount of amount of $ $ pursuant to 11 U.S.C. § 331. 3. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order. IT IS FURTHER ORDERED THAT the Applicant shall serve a copy of this Order pursuant to Fed. R. Bankr. P. 9022 and LBR 5005-4 upon [END OF ORDER]
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ____________-jtg Chapter ____ Hon. John T. Gregg Debtor(s). / ORDER APPROVING FINAL FEE APPLICATION Upon the final application for compensation [Dkt. No. ___] (the “Application”) filed by (the “Applicant”); due and adequate notice of the Application having been given under the circumstances; no objections having timely been filed; and after due deliberation thereon; IT IS HEREBY ORDERED THAT: The Application is approved. 1. 2. The Applicant was previously awarded interim compensation in the aggregate pursuant to 11 U.S.C. § 331 and is herein awarded additional , all of which is approved on a final basis amount of $ compensation in the amount of $ pursuant to 11 U.S.C. § 330(a). 3. 11 U.S.C. § 503. The compensation awarded is entitled to be paid as an administrative expense under 4. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order. IT IS FURTHER ORDERED THAT the Applicant shall serve a copy of this Order pursuant to Fed. R. Bankr. P. 9022 and LBR 5005-4 upon [END OF ORDER]
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ____________-jtg Chapter 13 Hon. John T. Gregg Debtor(s). / ORDER GRANTING MOTION TO ESTABLISH CERTAIN NOTICE PROCEDURES AND FOR RELATED RELIEF On , the above-captioned debtor(s) (the “Debtor”) filed an ex parte motion for the entry of an order establishing certain notice procedures and for related relief (the “Motion”). In the Motion, the Debtor requests that the court adopt procedures in order to reduce expenses to the estate and its creditors while preserving resources of the Debtor, the chapter 13 trustee (the “Trustee”), and other parties in interest. Upon review of the Motion, the court shall establish the procedures set forth herein (the “Procedures”) pursuant to 11 U.S.C. §§ 102(1), 105(a) and 342, Fed. R. Bankr. P. 1001, 2002(h), 2002(m), 9007, 9029 and 9036, and LBR 2002, 3015, 9013-1 and 9029(f). IT IS HEREBY ORDERED THAT: 1. The Motion is granted. 2. Except as otherwise subsequently ordered by the court and subject to the limitations set forth herein, the Procedures shall govern all aspects of this chapter 13 case (other than adversary proceedings) beginning twenty-one (21) days after the date this Order is served and ending on the earlier of (i) the date that an order is entered dismissing this case, (ii) the date that an order is entered converting this chapter 13 case to a case under another chapter of the Bankruptcy Code, and (iii) the date a discharge order is entered. 3. The Procedures supplement the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the Local Bankruptcy Rules of this court (the “LBR”). To the extent the Procedures conflict with the LBR or Paragraph IV.F of the Model Plan required to be used under the LBR, the Procedures shall govern. 4. Pursuant to LBR 5005-1(a) and subject to the exceptions set forth in LBR 5005- 1(c)-(d) or a separate order of this court, any notices, requests for relief, and other documents (collectively, the “Court Filings”) shall be filed electronically by registered users of the case management/electronic filing system (“ECF”).1 All Court Filings in this case may be served on a registered ECF filer electronically in accordance with LBR 5005-4(a). 5. Subject to Paragraph 6 of this Order, a party in interest who is not a registered ECF filer and who has not affirmatively requested notice (the “Requesting Party”) by filing a request in the form attached hereto2 (the “Notice Request”) is not required to be provided with notice of, or served with, the following Court Filings in this case: (a) (b) (c) (d) (e) (f) (g) preconfirmation plan amendments/modifications; post-confirmation plan amendments/modifications; motions to incur debt; motions to enter into a loan modification; motions to sell, use, or lease property of the Debtor or property of the Debtor’s estate outside the ordinary course of business or otherwise dispose of the same; requests for compensation; and motions to compromise or settle. 6. Notwithstanding anything to the contrary herein, the Procedures shall not apply to (i) any Court Filing that seeks relief affecting a party’s particularized interest, including an in rem interest, which shall continue to be served on that party in accordance with Fed. R. Bankr. P. 9014(b) (incorporating Fed. R. Bankr. P. 7004); (ii) the requirements for notice, service, and/or transmittal to the United States Trustee and the United States as required by the Bankruptcy Code, the Bankruptcy Rules and the LBR; and (iii) notices provided pursuant to the following authority, all of which shall continue to be addressed as required by Fed. R. Bankr. P. 2002(g): (a) (b) 11 U.S.C. § 342(f)(1) (notice provided by an entity to be used in cases in which such entity is a creditor); Bankruptcy Rule 2002(a)(1) (meeting of creditors pursuant to 11 U.S.C. § 341) and LBR 3015(a) (initial chapter 13 plan); 1 Information regarding the ECF system, including how to obtain a login and password, can be found at https://www.miwb.uscourts.gov/become-registered-e-filer. 2 A form Notice Request is also available under the tab entitled “Chapter 13 Notice” on the court’s website at https://www.miwb.uscourts.gov/content/judge-john-t-gregg. Any Notice Request shall expressly state whether the requesting party consents to be served via email. A Requesting Party shall be responsible for maintaining accurate notice information by immediately filing and serving an amended Notice Request. A Notice Request filed by an attorney who is a non-registered ECF filer shall constitute a notice of appearance so long as the requisite information under Bankruptcy Rule 9010(b) is provided. (c) (d) (e) (f) (g) (h) Bankruptcy Rule 2002(a)(7) (deadline to file proofs of claim); Bankruptcy Rule 2002(a)(9) (time fixed for filing objections confirmation of chapter 13 plan); to Bankruptcy Rule 2002(b) (time fixed for hearing to consider confirmation of chapter 13 plan); Bankruptcy Rule 2002(f) (all notices required to be given by the Clerk or some other person as the court may direct); Bankruptcy Rule 2002(o) (notice of order for relief); and Any notices of hearing or orders of this court pursuant to LBR 2002(b). 7. Upon the filing and service of any Notice R equest, the Clerk shall update the creditor matrix and all subsequent Court Filings (other than those subject to Paragraph 6 of this Order) shall be served on the Requesting Party via electronic mail to the email address identified in the Notice Request and/ or via courier ( e.g., first class U.S. mail, overnight courier, hand delivery) to the address set forth in the Notice Request. 8. Consistent with LBR 5005-4(c), a certificate of service for any Court Filing shall be filed with the court. If a Requesting Party is served with a Court Filing solely via email, the certificate of service shall expressly state that the Requesting Party affirmatively requested service to that email address and not to any other address in a Notice Request. 9. Absent an objection to these Procedures filed on the docket and served on counsel for the Debtor and counsel for the Trustee within fourteen (14) days from the date of its service, this Order shall become a final order as to those parties in interest properly served with this Order. In the event an objection to the Procedures is timely filed, the court shall schedule a hearing pursuant to separate notice. 10. The Procedures shall not apply to parties in interest who are not first provided with fourteen (14) days from the date of proper service of thi s Order to file an objection to the Procedures.3 IT IS FURTHER ORDERED THAT the shall serve a copy of this Order pursuant to Fed. R. Bankr. P. 9022 and LBR 5005-4 on the creditor matrix maintained in this case as of the date hereof. [END OF ORDER] 3 The Debtor shall be responsible for serving any parties in interest subsequently added to the matrix or otherwise not previously served with a copy of this Order. UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ____________-jtg Chapter 13 Hon. John T. Gregg Debtor(s). / NOTICE REQUEST OF ___________________ Pursuant to the Order Granting Motion to Establish Certain Notice Procedures (the “Order”) previously entered by “Requesting Party”) hereby requests that it/he/she receive all Court Filings (as defined in the Order) to which it/he/she would otherwise be entitled in the above-captioned case and expressly consents to service (check one or both) via: _______________________________________________ (the the court, electronic mail at the following address: @ courier at the following address: Name of Requesting Party: Attn: Street Address: City: State: Zip: Telephone: The Requesting Party acknowledges that this Notice Request shall not be deemed effective until the date it is filed on the docket and served on counsel for the debtor and counsel for the chapter 13 trustee in the above captioned case, both of whom are registered ECF filers. The Requesting Party further acknowledges that it/he/she is responsible for maintaining accurate notice information by immediately filing and serving an amended Notice Request as required under the Order. The individual submitting this Notice Request represents and warrants that (i) neither the individual nor counsel for the Requesting Party is a registered ECF filer with the United States Bankruptcy Court for the Western District of Michigan, and (ii) the individual has the authority to submit this Notice Request on behalf of the Requesting Party. Dated: ________ _____ , 20 ___ By: Name: Title:
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. ____________-jtg Chapter 13 Hon. John T. Gregg Debtor(s). / NOTICE REQUEST OF _____________________ Pursuant to the Order Granting Motion to Establish Certain Notice Procedures (the “Order”) previously entered by “Requesting Party”) hereby requests that it/he/she receive all Court Filings (as defined in the Order) to which it/he/she would otherwise be entitled in the above-captioned case and expressly consents to service (check one or both) via: _______________________________________________ (the the court, electronic mail at the following address: @ courier at the following address: Name of Requesting Party: Attn: Street Address: City: State: Zip: Telephone: The Requesting Party acknowledges that this Notice Request shall not be deemed effective until the date it is filed on the docket and served on counsel for the debtor and counsel for the chapter 13 trustee in the above captioned case, both of whom are registered ECF filers. The Requesting Party further acknowledges that it/he/she is responsible for maintaining accurate notice information by immediately filing and serving an amended Notice Request as required under the Order. The individual submitting this Notice Request represents and warrants that (i) neither the individual nor counsel for the Requesting Party is a registered ECF filer with the United States Bankruptcy Court for the Western District of Michigan, and (ii) the individual has the authority to submit this Notice Request on behalf of the Requesting Party. Dated: _____________, 20 __ By: Name: Title:
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MORTGAGE MODIFICATION PROGRAM (Last modified: April 12, 2021) 1. Overview. The Mortgage Modification Program (“MMP”) is intended to provide a structure for a chapter 13 debtor (the “Debtor”) and a lienholder and/or its servicer (the “Mortgagee”) to expeditiously address a potential modification of a mortgage, deed of trust, or similar instrument (the “Mortgage”) that encumbers the primary residence of the Debtor (the “Real Property”). The following procedures implement the MMP.1 2. Eligibility. To be eligible to participate in the MMP, a Debtor (a) must own all or a portion of the Real Property subject to the Mortgage, (b) shall have paid in full the filing fee for the chapter 13 case, (c) shall have assembled any documents, completed any forms, and provided any other information required by the Mortgagee (collectively, the “Initial MMP Package”) as set forth in certain document preparation software2 provided by the administrator selected from Rider A (the “Portal Administrator”), (d) shall have registered with, and paid any applicable fees to, the Portal Administrator, (e) shall have attempted to obtain written consent to participate in the MMP from any non-debtor co-owner of the Real Property or non-debtor co-obligor on the loan related to the Real Property (the “Co-Obligor”), and (f) shall have used reasonable best efforts to cause any Co-Obligor to assemble any documents or other information required as part of the Initial MMP Package.3 3. MMP Referral Motion. To formally request referral to the MMP, the Debtor must file a motion in substantially the same form as is available here (“MMP Referral Motion”) and attach as exhibits to such motion (a) a certificate from the Portal Administrator confirming that the Debtor has completed the document preparation software with respect to the Real Property, (b) consent, to the extent obtained in advance, from the Mortgagee to participate in the MMP in substantially the same form as is available here, and (c) consent from any Co-Obligor to participate in the MMP in substantially the same form as is available here.4 4. Notice and Service of MMP Referral Motion. In the event that the Mortgagee has consented to participate in the MMP, the Debtor may upload a proposed order in substantially 1 The MMP requires the use of certain prescribed forms identified herein and in the Appendix of Forms. The court strongly discourages modifications to the prescribed forms other than in those fields requiring additional information. Any modification shall be deemed ineffective unless that modification is highlighted. The court is likely to schedule a hearing to consider any modification. 2 Package. The “document preparation software” means the software that facilitates preparation of the Initial MMP 3 These procedures do not account for an entity other than a Co-Obligor that is a necessary party to the modification of a Mortgage. The court will address such a situation on a case-by-case basis upon a request for a status conference filed by the Debtor. 4 the same representations as the MMP Referral Motion. Alternatively, the Debtor, the Mortgagee and any Co-Obligor may file a stipulation that contains substantially the same form as is available here (“MMP Referral Order”) concurrently with the filing of the MMP Referral Motion. If, however, the Mortgagee has not provided advance written consent to participate in the MMP, the Debtor shall provide the Mortgagee with fourteen (14) days to respond to the MMP Referral Motion by (i) serving it in accordance with Fed. R. Bankr. P. 7004, and (ii) using the notice and opportunity to object procedures under LBR 9013(c). Absent a timely response to the MMP Referral Motion, the Debtor may file a certificate of no response and upload a proposed MMP Referral Order. If a response is timely filed, the court shall promptly schedule the MMP Referral Motion for hearing. 5. Exchange of Information. Unless otherwise authorized by the court, all communications among the parties must be sent through a secure online service (the “Portal”) maintained by the Portal Administrator.5 The Portal is used to facilitate and monitor the exchange of information and communications among the Debtor, the Mortgagee and any Co-Obligor. Through the Portal, the parties shall diligently monitor communications and promptly respond to all requests for documentation and other information. 6. Transmittal of Initial MMP Package. Within seven (7) days after the service of the MMP Referral Order or the Mortgagee’s registration on the Portal (whichever occurs later), the Debtor shall transmit through the Portal the Initial MMP Package and a copy of the MMP Referral Order.6 Within seven (7) days thereafter, the Mortgagee shall, via the Portal, (a) acknowledge receipt of the Initial MMP Package, (b) provide the name, street address, email address, and telephone number for a single point of contact who has authority to modify the Mortgage and otherwise resolve Mortgage issues, and (c) assign the attorney for the Mortgagee, if any.7 7. (a) the Modification Review and Decision. Upon receipt of the Initial MMP Package, the Mortgagee shall promptly review it and thereafter notify the Debtor through the Portal that either additional documentation/information is required. Within forty-two (42) days after the Mortgagee deems the Initial MMP Package complete, the Mortgagee shall notify the Debtor and any Co-Obligor via the Portal whether any Mortgage modification or other loss mitigation has been approved and the material terms thereof. Initial MMP Package complete, or certain (b) is 5 in the Debtor’s underlying bankruptcy case. The Portal is not a substitute for the case docket. Any formal requests for relief from the court must be filed 6 Within seven (7) days after the service of the MMP Referral Order, the Mortgagee and its counsel of record in the Debtor’s bankruptcy case shall register for the Portal (if not already registered). In the event that the Mortgagee has not previously posted on the Portal its requirements for the Initial MMP Package, it shall do so within seven (7) days after the service of the MMP Referral Order. 7 Upon written consent of the Mortgagee, the Debtor and any Co-Obligor (or the entry of an order from the court), the Trustee may register for the Portal to monitor the exchange of documentation and communications in a particular case. 2 8. Mortgage Modification Approval. a. Trial Modification. If the Debtor, the Mortgagee and any Co-Obligor agree in principle to the terms of a trial Mortgage modification, the Mortgagee shall promptly transmit to the Debtor and any Co-Obligor via the Portal a copy of the trial Mortgage modification agreement or other document memorializing the offer (the “Trial Modification”). Within seven (7) days after the Trial Modification is posted on the Portal, the Debtor and any Co-Obligor shall either accept the Trial Modification via the Portal, or otherwise respond to the Mortgagee in writing via the Portal. Within seven (7) days after a Trial Modification is accepted, the Debtor shall file a motion to approve the Trial Modification (the “Trial Modification Motion”) and a proposed order in substantially the same forms as prescribed herein. A form Trial Modification Motion is available here.8 A form proposed order granting the Trial Modification Motion is available here. b. Permanent Modification. In the event that the Mortgagee, the Debtor and any Co-Obligor agree in principle to the terms of a permanent Mortgage modification, the Mortgagee shall promptly transmit to the Debtor and any Co-Obligor via the Portal a copy of a permanent Mortgage modification agreement (the “Final Modification”). Within seven (7) days after the Final Modification is transmitted via the Portal, the Debtor and any Co-Obligor shall either accept and transmit via the Portal an executed copy of the Final Modification, or otherwise respond to the Mortgagee in writing via the Portal. In the event that the Debtor and any Co-Obligor accept and transmit via the Portal an executed copy of the Final Modification, the Mortgagee shall, within fourteen (14) days thereafter, transmit via the Portal an executed copy of the Final Modification. Within seven (7) days after the Mortgagee transmits an executed copy of the Final Modification, the Debtor shall (a) file and serve a motion to approve the Final Modification (the “Final Modification Motion”) and proposed order in substantially the same forms as prescribed herein, and (b) to the extent the modification impacts provisions of a proposed or previously confirmed plan, file and serve a plan amendment and amended Schedules I and J. A form Final Modification Motion is available here. A form proposed order granting the Final Modification Motion is available here. A form proposed plan amendment for a Final Modification is available here.9 c. Notice and Service of Modification Approval Motion. The Debtor shall provide the Mortgagee, any Co-Obligor and the Trustee with twenty-one (21) days to respond to a Trial Modification Motion, a Final Modification Motion, or any plan amendment by (i) serving it in accordance with Fed. R. Bankr. P. 7004, and (ii) using the notice and opportunity to object procedures under LBR 9013(c). 8 The parties may file a stipulation with substantially the same terms in lieu of a Trial Modification Motion. 9 and/or plan amendment. The parties may file a stipulation with substantially the same terms in lieu of a Final Modification Motion 3 9. Unsuccessful Mortgage Modification. In the event that the Debtor, the Mortgagee and any Co-Obligor are in good faith unable at any time to agree to the terms of a Mortgage modification or otherwise resolve any dispute, either the Debtor or the Mortgagee may terminate the MMP.10 The terminating party shall file on the docket and transmit via the Portal a notice of termination in substantially the same form as is available here, at which point the MMP shall terminate without the need for further notice or a hearing; provided, however, that nothing shall preclude a non-terminating party from subsequently alleging that the terminating party lacked good faith. Within fourteen (14) days after the filing and posting of the notice of termination or as the court may otherwise direct, the Debtor shall file and serve (a) a plan amendment to address the Mortgage, to the extent necessary, (b) a plan amendment granting the Mortgagee relief from the automatic stay, or (c) a request to continue the MMP or for other relief. 10. Request for Mediation. In the event that the Debtor and/or the Mortgagee wish to engage in facilitative mediation in order to address issues related to a Mortgage, a motion requesting mediation in substantially the same form as is available here (the “Request for Mediation”)11 may be filed at any time prior to termination of the MMP and served, as applicable, on the Debtor, the Mortgagee, any Co-Obligor, and the Trustee.12 Within fourteen (14) days from the filing and service of a Request for Mediation, any non-requesting party may file a response, including identification of a preferred mediator or consent to the proposed mediator. The court shall thereafter either (a) promptly schedule a hearing, or (b) grant or deny the relief requested without the need for a hearing. The court shall consider a Request for Mediation and any response thereto based on the facts and circumstances of each case, including the timing of such request and whether the Mortgagee has previously declined to modify the Mortgage.13 In the event that a Request for Mediation is granted, the court will enter an order establishing procedures for mediation, including identification of the mediator (the “Mediator”), in substantially the same form as is available here (the “Mediation Procedures Order”).14 11. Mediation Procedures. Any mediation shall occur within twenty-one (21) days after the entry of the Mediation Procedures Order unless the parties and the Mediator otherwise agree pursuant to a stipulation and a proposed order filed on the court’s docket. The Debtor, the Mortgagee, and any Co-Obligor shall have a representative with authority to agree to the terms of 10 of the MMP by filing a request for the same. Nothing contained herein shall preclude the Trustee or any other party in interest from requesting termination 11 substantially the same provisions as the form Request for Mediation. Alternatively, the Debtor and the Mortgagee may file a stipulation requesting mediation that contains 12 Mediation is not a requisite component of the MMP but is nevertheless strongly encouraged. 13 Any consensual Request for Mediation should identify a mediator acceptable to both parties from the pre- approved list of mediators set forth on Rider B attached hereto. If the parties are unable to agree on mediator, the court will select one from that list. 14 Dispute Resolution Program remain in full force and effect. See LBR 9019-1 et seq. Unless otherwise set forth herein or a separate order of the court, the provisions of the Bankruptcy Alternative 4 a Modification present throughout the mediation. The Mediator may conduct the mediation in person or via videoconference/telephone; provided, however, that the representative of the Mortgagee with authority to agree to the terms of a Modification may participate remotely unless the court expressly orders otherwise. Mediation sessions shall not exceed one and a half hours in length, absent consent of the Mediator and all parties to the mediation. 12. Mediator Compensation. The Mediator shall be paid the aggregate amount of $500.00 (or such other amount as may be agreed to in writing by parties and the Mediator) in exchange for preparing for and conducting a mediation session of no more than one and a half hours.15 Unless the Mediator agrees to different terms, all compensation shall be paid to the Mediator by no later than fourteen (14) days after the entry of the Mediation Procedures Order. In the event that the Debtor and the Mortgagee request that the Mediator extend a mediation session or schedule a subsequent mediation session, the Mediator may seek additional reasonable compensation of no more than $500.00 per additional period or session from the Debtor and/or the Mortgagee. Subject to the agreement of the Mediator, all or a portion of any additional compensation may be paid as an administrative expense under 11 U.S.C. § 503(b). 13. Attorney Compensation. An attorney for the Debtor may seek compensation pursuant to 11 U.S.C. §§ 330 and 503(b) for services related to the MMP. Subject to In re Boddy, 950 F.2d 334 (6th Cir. 1991), the presumptively reasonable compensation for representation of the Debtor in connection with the MMP shall be $1,200.00; provided, however, that if the Debtor and the Mortgagee engage in mediation, the presumptively reasonable compensation shall be increased to $1,700.00.16 Unless otherwise agreed among the parties, the Mortgagee may seek from the Debtor and any Co-Obligor reimbursement of attorneys’ fees and expenses, including any compensation paid to the Mediator, to the extent permitted by the Mortgage and related loan documents.17 14. Transfer of Mortgage. If the Mortgagee assigns the Mortgage and/or the servicing of the Mortgage to a third party (the “Successor Servicer”) at any time during the MMP, the Mortgagee shall promptly transfer the Debtor’s file maintained on the Portal to the Successor Servicer, which shall acknowledge receipt of the file via the Portal within seven (7) days. The Successor Servicer shall accept all documentation and other information previously accepted by the assignor by proceeding with the review as if the Successor Servicer were the initial Mortgagee or servicer. 15 Absent agreement in writing to the contrary, the Debtor and the Mortgagee shall each be responsible for payment of $250.00 to the Mediator. Nothing contained herein shall be construed as a determination with respect to reimbursable mediation fees, costs and other charges for which a Debtor may be responsible under the Mortgage and/or related loan documents. 16 related to the MMP. A retention agreement between the Debtor and his or her attorney should address issues of compensation 17 Any fees and expenses of the Mortgagee shall be disclosed to the Debtor in writing prior to approval of any Mortgage modification. Nothing contained herein shall excuse the Mortgagee from complying with Fed. R. Bankr. P. 3002.1. 5 15. Conversion or Dismissal. If the Debtor’s case is dismissed or converted to another chapter prior to completion of the MMP, the MMP shall immediately terminate and the parties shall be relieved of any requirement thereunder unless otherwise expressly set forth in an order of the court. 6 RIDER A (Portal Administrators) The Debtors Bar of West Michigan, in consultation with the Trustees and attorneys representing Mortgagees in the Western District of Michigan, may from time to time consider proposals for one or more new Portal administrators. Inquiries regarding eligibility to act as a Portal Administrator may be directed to the President of the Debtors Bar of West Michigan, the website for which is http://www.debtorsbar.com. The following organizations are currently eligible to serve as the Portal Administrator: ADMINISTRATOR WEBSITE TELEPHONE EMAIL Default Mitigation Management LLC www.dmmportal.com (800) 481-1013 [email protected] (Rider A Last modified: April 12, 2021) RIDER B (Mediators) To be eligible to serve as a mediator under the MMP, an attorney must (a) have been pre- approved by the court to act as a neutral pursuant to LBR 9019-6, (b) have at least ten (10) years of experience practicing consumer bankruptcy law, and (c) be willing to accept at least one additional pro bono assignment each year. Any attorney who wishes to be considered as mediator for the MMP is invited to submit a letter setting forth his or her qualifications to Judge Gregg at [email protected]. The following attorneys are currently eligible to serve as mediators in connection with the MMP: A. Todd Almassian, Esq. Keller & Almassian PLC 230 Fulton St., E. Grand Rapids, MI 49503 Telephone: (616) 364-2100 Email: [email protected] Steven L. Rayman, Esq. CBH Attorneys & Counselors, PLLC 141 East Michigan Ave., Ste. 301 Kalamazoo, MI 49007 Telephone: (269) 345-5156 Email: [email protected] Robert F. Wardrop, II, Esq. Wardrop & Wardrop, P.C. 300 Ottawa Ave., Ste. 150 Grand Rapids, MI 49503 Telephone: (616) 459-1225 Email: [email protected] (Rider B Last modified: April 12, 2021)
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REMOTE HEARING PROCEDURES Hon. John T. Gregg United States Bankruptcy Court Western District of Michigan Effective January 1, 2023 (Last Modified on June 1, 2023) Unless otherwise stated on the docket in a particular case or adversary proceeding, all hearings, trials, status conferences, and pretrial conferences (collectively, a "Hearing") shall be held in person; provided, however, that attorneys and parties may appear virtually in the event of exigent circumstances (e.g., illness). 1. Hearing Registration. Upon advance authorization from the court, a person may appear at a Hearing, including those on designated "motion days," via Zoom videoconference. In order to participate remotely, a person must create a Zoom account at https://www.zoom.us. When creating a Zoom account, the person should use his or her first and last name. Any person who seeks authorization to appear at a Hearing via video due to exigent circumstances must send an email to [email protected]. The email must include (i) the person's first and last name, the person's law firm or other organization, and the person's direct dial telephone number, (ii) the case name(s) and case number(s) of the matters for which the person anticipates appearing, (iii) the party, if any, the person represents, and (iv) the exigent circumstances in support of the request. In the event that the request is granted, the court will send the person (the "Participant") an invitation (the "e-vite") to participate in the Hearing virtually.1 2. Entering the Courtroom. Participants should sign on to Zoom at least ten (10) minutes in advance of any Hearing. To join a hearing, either (i) click the link in the e-vite, then enter the password provided in the e-vite when prompted by the Zoom app; or (ii) open the Zoom app, click "Join," and enter the "Meeting ID" and password provided in the e-vite. Participants must enable internet audio and video in order to appear at any Hearing. Each Participant must identify his or herself on Zoom by using a first and last name, not, for example, "Mike's iPhone." Upon joining a Hearing, Participants will be placed into the virtual "courthouse." The court will admit Participants into the virtual "courtroom" at least five (5) minutes before the time scheduled for the Hearing. If several matters are scheduled for a particular time (e.g., a motion day), the court will admit to the virtual courtroom all Participants simultaneously, regardless of the order in which matters on the calendar appear. Upon entry to the virtual courtroom, each Participant's audio may be automatically muted. A Participant must unmute himself or herself in order to be heard during a Hearing. 3. Participation Requirements. Participants should participate from a quiet place, without interruption, noise or other distraction. When not speaking, Participants should mute their audio so as to prevent any disruption in the courtroom. 1 The e-vite is personal to the Participant and should not be shared with any other person. 4. Prohibition on Recording. All Hearings will be recorded by the court's official court reporter. Any private recording of court proceedings is strictly prohibited under LBR 5091(c) and other applicable law. 5. Courthouse Conduct. All Hearings remain federal court proceedings. Participants should therefore dress and conduct themselves in accordance with LBR 5090 - 5091. In the event that a Participant fails to comply with these requirements, they may be escorted from the virtual courtroom pursuant to LBR 5090(e). 6. Consent. By appearing remotely, a Participant shall be deemed to have implicitly consented to the procedures established herein and as otherwise generally set forth in the Local Bankruptcy Rules for the Western District of Michigan. 7. Discretion. The court may in its discretion decline to authorize a Participant to appear remotely in the future.
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