1. Hearings

• Usually, chapter 7 cases are heard on Tuesday mornings, beginning 9:30 a.m., EST, and Chapter 13 cases are heard on Thursday mornings, beginning at 9:30 a.m., EST.
• Cases are set in 30-minute increments and involve routine matters (e.g., confirmation hearings, status conferences, objections, pretrial conferences).
• If counsel anticipate needing more than five minutes, they must file a motion to have the hearing heard at a different time. 

2. Participation by Video and Phone

•  The Court always prefers lawyers and parties (“Participants”) to attend hearings in person. However, as a courtesy, the Court permits video attendance via Microsoft Teams for routine matters. Any lawyer or party wishing to participate by Teams, must file a notice at least 24 hours in advance.
• Participants should have “good cause” for filing a notice to appear by video. Although the Court does not require the person appearing by video to state what the good cause is, factors Participants should consider include the following:
  • distance the lawyers must travel from their office to court,
  • travel expenses to the clients and/or estates,
  • whether the lawyers have multiple hearings set before this Court, and
  • other personal circumstances warranting remote appearance.
• Unless the Court orders otherwise, trials, evidentiary hearings, summary judgment motions, and other lengthy hearings are always in person.
• Participants are expected to turn on their video cameras when addressing the Court. When they are not speaking, they must mute their microphones. Unless unusual circumstances exist, participating by telephone only is not allowed.
• Participants may not record, photograph, take screenshots, make sound recordings, or broadcast the proceedings. See generally N.D. Ind. L.R. 83-3(a). Participants must make sure any people in their presence abide by this mandate. Failure to follow this instruction may result in contempt and sanctions. 
• Participants are to appear in attire appropriate for a courtroom.
• The Court encourages Participants to test their connection at least one (1) hour before the hearing. Participants do not have to remain connected after testing, the line will remain available for reconnection closer to the start of the hearing. If Participants are unable to connect, they should call the Court at (574)-968-2280. 

3. Stay Motions

• When a motion is filed regarding Automatic Stays, the Court will schedule an evidentiary hearing. If the parties have an agreement or wish to modify the hearing to a status conference they must file that agreement/request at least three (3) days prior to the hearing. Absent any objections by the deadline of seven (7) days before the hearing, the Court may review and approve the motion and vacate the hearing without further notice.  A sample of the Court's Scheduling Order can be found under the Forms tab. 

4. Exhibits

• Parties must have six (6) copies of exhibits for trials, contested matters, and first-day motions in chapter 11 cases. Exhibits for first-day motions must be in a binder. The exhibits must be tabbed, divided, and indexed. Parties should discuss beforehand which parties will use numbers and which parties will use letters. For adversary proceedings, the Court will assign letters and numbers to the parties at the final pretrial conference.

5. Ex Parte Communication with Chambers

• Generally, “a judge should not initiate, permit, or consider ex parte communications or consider other communications concerning a pending or impending matter that are made outside the presence of the parties or their lawyers.” Code of Conduct for U.S. Judges, Cannon 3(A)(4). However, “[a] judge may but only if the ex parte communication does not address substantive matters and the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication.” Id. at 3(A)(4)(b). (Emphasis added).
• The Court recognizes it may be necessary to communicate with the Court about a particular case. The options, listing in order of the Court’s preferences are as follows:
  1. write a motion;
  2. email to chambers, carbon copying the appropriate parties;
  3. call chambers, conferencing the appropriate parties on the conference call;
• If a lawyer calls chambers about a particular case and the call is without the appropriate parties present, the lawyer must have made an attempt to call the parties before communicating with chambers.
• Chambers staff is instructed not to enter into ex parte communication with any party if they have not attempted to contact the appropriate parties prior to contacting chambers. If the appropriate parties were unavailable, the party contacting chambers must:
  1. explain the attempts that have been made to contact the parties;
  2. call the appropriate parties and report the communication had with chambers; and
  3. send an email to opposing counsel.

6. Chapter 13 Confirmations

• If a plan is ready to be confirmed without objection, the parties must file a confirmation order explaining the plan will be confirmed. If one or more objections is filed and the plan is modified but the changes do not affect the creditors, the parties must file either a “Special Confirmation Order” or “Order on Immaterial Modification of Plan.”
• Beginning January 1, 2022, all confirmations or agreements to remove cases from the calendar must be filed twenty-four (24) hours before the hearing date. 

7. Emergency Hearings

• Motions requesting emergency hearings must have “emergency” written in the title. In addition, the motion must:
  • explain why an emergency hearing is necessary;
  • show efforts made to call and email the opposition; and
  • include the opposition’s response.

8. Chapter 11

• Shortly after a case is filed, the Court will set a case management conference. Debtors, or their authorized representatives, must appear in person. Authorized representatives must have the authority to act on behalf of the debtors and make binding decisions. Debtors’ counsel must appear at the conference and be prepared to discuss the following:
  • nature of debtor’s business;
  • reason for debtor’s filing;
  • debtor’s financial condition, including, post-petition operations and revenue;
  • debtor-in-possession financing;
  • cash collateral use;
  • significant motions (any significant motions which the debtor anticipates bringing before the court including, but not limited to, sale motions);
  • retention of professionals (including any brokers or appraisers);
  • litigation (the status of any litigation involving the debtor);
  • claims filing deadline;
  • plan and disclosure statement deadline;
  • alternative dispute resolution;
  • for single asset real estate cases: whether the debtor intends to file a plan within the time allotted pursuant to § 362(d)(3) and whether the debtor intends to commence adequate protection payments;
  • for small business cases: whether the debtor anticipates being able to satisfy the deadlines provided by § 1121(e);
  • for individual chapter 11 cases: whether the debtor anticipates satisfying the bankruptcy code requirements that apply to such cases;
  • additional case management conferences; and
  • other administration matters.

Last updated 2.6.24