Instructions for Self-Selecting Hearing Dates; Communications with Judge Sigler's Chambers; Content of Motions to Approve Loan Modifications; Content of Stay Relief Motions; Motions to Extend or Impose Stay under 362(c); Service Rules for Certain Chapter 13 Post-Confirmation Modifications; Proposed
Hon. Sage M. Sigler · U.S. Bankruptcy Court for the Northern District of Georgia
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=== Instructions for Self-Selecting Hearing Dates ===
OPEN CALENDAR PROCEDURE Instructions for Self-Selecting Hearing Dates and Times In Cases Assigned to Judge Sigler (Revised April 13, 2021) This Open Calendar Procedure applies to attorneys who file motions in any case. Attorneys select available hearing dates for their motions and applications and serve notices of hearings pursuant to this Open Calendar Procedure. Judge Sigler’s available hearing dates can be found here: Available Hearing Dates. Judge Sigler’s hearings are in Courtroom 1201. The Court will schedule all hearings on reaffirmation agreements in Atlanta Division cases on single day before the same judge, regardless of which judge is assigned to the case. When self calendaring a hearing on a reaffirmation agreement filed in an Atlanta Division case, please refer to the chambers pages of Judge Ritchey Craig or Judge Cavender for more specific information. THE OPEN CALENDAR PROCEDURE SHOULD NOT BE USED FOR THE FOLLOWING. Instead, after the motion or pleading has been filed, please call Judge Sigler’s Courtroom Deputy Clerk (Nick Mahone, 404-215-1029) or Relief Courtroom Deputy Clerk (Nicole Williams, 404-215-1098) to receive a hearing date and time. • Matters that are likely to require more than 20 minutes of presentation to the Court; • Matters requiring the presentation of evidence; • Matters set on an emergency or expedited basis; • More than 10 matters relating to one case, e.g., objections to claim; • Any Adversary Proceeding hearing, pre-trial conference, or trial; and OTHER EXCEPTIONS: • Pursuant to Bankruptcy Local Rule 6008, the Court will set hearings when a response is filed to a motion to avoid lien or a motion to redeem. • The Court will set all Chapter 13 confirmation hearings. 1 • A hearing is not necessary for parties that have entered into a proposed consent order that is submitted to Chambers at the time the motion is filed. Attorneys must upload proposed consent orders via ECF, unless one of the exceptions to electronic filing in BLR 5005-6 applies. Please remember that proposed orders should be submitted as a pdf file in e-order format. Refer to BLR 5005-1 and 9013-2 for proposed order requirements. • The following types of motions/applications do not typically require a hearing. If a hearing is necessary or a response if filed, the Court will contact the moving party or notice the matter for hearing. • Application to employ professionals; • Motion for a Rule 2004 examination; • Motion to extend time to file schedules; • Motion for emergency ex parte relief from the stay pursuant to BLR 4001, unless you know the motion is contested or is likely to be contested; • Motion to Vacate or Terminate EDO Order; • Motion to Withdraw as Counsel OR Substitution of Counsel; • Motion in Chapter 11 cases to Set Bar Dates to file Proof of Claims; and • Motion to Reopen (please note that a motion to reopen should be served on all creditors, the filing fee must be paid (Filing Fees) and an order should be submitted to the Court) OPEN CALENDAR PROCEDURE INSTRUCTIONS 1. Select a date and time for the matter to be heard from the list of currently available dates: Atlanta dates . Always check the list of currently available dates when setting a hearing because a date may be removed from the list at any time. The available dates and times depend on the type of matter. The Court has discretion to remove your matter from the calendar if it is scheduled for the wrong date, time, division or courtroom. 2. Notwithstanding Bankruptcy Rule 9006(d), the hearing date you select must be at least fourteen (14) days after the date on which you serve the motion and notice of hearing. The exception to the minimum 14-day notice period is motions to extend or impose the automatic stay under Section 362(c). Judge Sigler will hear these on 10-days notice. For more 2 information, please refer to the Motion to Extend Stay link here: Motion to Extend Stay under Section 362(c). Remember that some types of matters may require more time between the date of service of the motion or application and notice and the date of the hearing. See, e.g., Bankruptcy Rules 2002 and 3007 and BLR 7007-1(b). If a rule gives a respondent a period of time to file a response, the hearing date picked must be at least two (2) business days after the last day on which a response could be timely filed. Remember that when there is a right or requirement to act and service is made by mail, Bankruptcy Rule 9006(f) adds three days to the prescribed response period. 3. If you are using this procedure for a Chapter 7 relief from stay motion that will be heard before the scheduled meeting of creditors, you must (1) call the Chapter 7 Trustee and explain why a hearing is necessary prior to the Trustee’s ability to examine the debtor and evaluate the case at the 341 meeting, and (2) set forth the explanation in your motion and provide the date you made the required call to the Chapter 7 Trustee. 4. Prepare the notice of hearing into which you will insert the date, time and location that you selected from the list of available dates. Combine the notice with the motion, application or objection, brief, if any, and certificate of service into one document. 5. No later than three (3) days after serving the pleadings, file the motion, application or objection with notice of hearing and certificate of service attached. 6. Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar in the CM/ECF system, which you may access through PACER, even if you do not file electronically. 7. You may use the Open Calendar Procedure to reset a hearing date if all parties agree by filing an amended notice of hearing on which you indicate the agreement of all parties. If all parties do not agree, continuances should be requested by motion, which you may schedule for hearing, if necessary, using the Open Calendar Procedure. 8. Counsel with conflicts should send a conflict letter to the Court in advance listing their conflicts and proposed resolutions. Counsel is expected to comply with BLR 5071, N.D. Ga. In addition, mass calendars are a way of life in Bankruptcy Court, and it is not unusual for different judges to schedule mass calendars at the same time. The judges understand that this scheduling problem gives rise to conflicts and are generally accommodating to counsel. If you have a mass calendar conflict that requires you to be in another courtroom in the bankruptcy court, call or report to the courtroom deputy clerk before the start of the hearing to identify your cases. Your cases will be marked and held for your report. 3 In the event that counsel desires to obtain a continuance of a case on the Chapter 13 confirmation calendar, counsel should contact the Chapter 13 Trustee directly. 9. If you file using paper rather than through the CM/ECF system and you file a pleading within 3 days of the scheduled hearing, you should notify Chambers of the filing, so that any delay in the paper document being placed on the case docket does not impair the Court’s ability to review the paper prior to the hearing. 4
=== Communications with Judge Sigler's Chambers ===
Communications with Judge Sigler’s Chambers By E-Mail You may communicate with Chambers by e-mail at [email protected]. Chambers receives hundreds of calls, letters and personal visits from attorneys or messengers each month. Much of that communication can be done more rapidly, more efficiently and more economically by e-mail. Unless directed to do so by the Judge, attorneys may not use e-mail to submit proposed orders, but should instead upload the orders via ECF. Refer to BLR 5005-1 and 9013-2 for proposed order requirements. Please follow the procedures in formatting e-mail messages. 1. Subject Line. The subject line of every message must begin with the case or adversary proceeding number, followed by the name of the Debtor, followed by a brief description of the subject matter. For example, a subject line might read as follows, following the word “subject” on the e-mail form: 99-54321; John Doe; Motion for Relief from Stay (Doc. 6) - OR - AP 00-1234; Doe v. Smith; Motion to Compel (Doc. 11) If the Debtor is a company and the name is long, such as Doe Mechanical and Electrical Contractors Company, Inc., put in enough to indicate the name; e.g., Doe Mech. Contractors. 2. Text. The text of an e-mail message should begin with the name of the person for whom the e-mail is intended. For almost all communications, this will either be the Courtroom Deputy Clerk or the Law Clerk. For example: To: Nick Mahone. 3. Rule 9003. Rule 9003(a) states: “Except as otherwise permitted by applicable law, any examiner, any party in interest, and any attorney, accountant, or employee of a party in interest shall refrain from ex parte meetings and communications with the court concerning matters affecting a particular case or proceeding.” Every message sent to Chambers must be sent to all parties in the contested matter or adversary proceeding (or specific dispute in an adversary proceeding), where Rule 9003 would require that a communication to Chambers sent by conventional means be served on other parties. If a party does not have an e-mail address, an indication that a copy was transmitted to that party and the method of transmission should be shown at the beginning of the text of the e-mail. For example: To: cc: cc: Law Clerk John Doe, Debtor (by regular U.S. Mail at {address}) Richard Roe, Attorney for xyz, Inc. (by facsimile at {number}) 4. Attachments. Files (other than programs) smaller than 250K may be attached to an e-mail message. (This would exclude imaged files exceeding about 5 pages.)The primary word processing software used by the court is Microsoft Word. If the word processing software used to prepare the proposed order is anything other than WordPerfect or Word, save the document in ASCII (as a text file) before attaching it to your communication. 5. E-mail is not a way to avoid filing pleadings. Attorneys are not to use e-mail as a substitute for filing appropriate motions in the case. 6. Routine Matters. Attorneys may use e-mail to communicate with the Courtroom Deputy Clerk about routine non-substantive matters, but should not send e-mails to inquire regarding whether a matter is on the calendar, whether an order has been entered, or for such other information that can be ascertained on ECF. Attorneys may use e-mail to request a hearing for a matter not subject to the open-calendaring procedure, or to alert Chambers regarding the filing of an emergency motion or other matter which needs expedited treatment. Nonetheless, these rules must be followed in all respects and when in doubt about whether Bankruptcy Rule 9003 is implicated, send a copy of your e-mail to the other party’s attorney.
=== Content of Motions to Approve Loan Modifications ===
Content of Motions to Approve Loan Modifications When requesting that the Court approve a proposed loan modification, it is necessary to include in the motion, at a minimum, the following information: a. The related collateral, including the address of any real property b. The old terms of the loan, including unpaid principal balance, interest rate, maturity date, and total monthly payment with a breakdown of principal & interest and escrow c. The terms of the proposed modification, including any changes to any of the old terms d. Whether the proposed loan modification is a trial modification or a permanent one e. Explanation of any increase in the principal balance including whether any pre- petition and/or any post-petition arrearage is being capitalized and the amount of such arrearage Even absent an objection, motions not complying with these requirements will either need to be heard so that the moving party can proffer the missing terms on the record, or the motion will need to be amended and reset to an appropriate date.
=== Content of Stay Relief Motions ===
Content of Stay Relief Motions When requesting relief from the automatic stay to take action regarding collateral (whether real or personal), it is necessary to include in the motion, at minimum, the following information: a. The basis for the movant’s assertion that it is entitled to exercise the rights and remedies under the relevant security documents (i.e., normally because it owns the loan or security agreement or is a servicer for the owner); b. The amount of principal and interest owed as of a recent date; c. The number of missed periodic (usually monthly) payments (if any), including the number of post-petition payments missed, and the aggregate amount of the arrearage (if any)(stating the types of obligations, if any, not included in the figure); d. The movant’s evidence as to the value of the property (it is not sufficient to say that the movant does not know the value but assumes the value does not exceed the debt); e. Whether there is any other collateral for the debt being foreclosed upon; f. The nature and amount of any other debt secured by the property that is relevant to the relief requested (i.e. if a second mortgage or lien exists and consumes any available equity in the property). Motions not complying with these requirements will be heard, so that the required information can be obtained on the record, even in the absence of objection.
=== Motions to Extend or Impose Stay under 362(c) ===
Motions to Extend or Impose the Stay Under Section 362(c)(3) and (4) Motions under Section 362(c)(3) and (4) must be filed and served at least 10 days before the hearing date, or counsel should file a motion for an expedited hearing. Motions under Section 362(c) should be served on all creditors as to whom the requested stay is to be applicable. Suggested service on these creditors would be: (1) Service on the person and at the address shown on any proof of claim filed in the prior case(s); (2) service on any attorney who entered an appearance for those parties in the prior case(s); or (3) service under Rule 7004. Timely proof of service of both the Motion and Notice of Hearing is required.
=== Service Rules for Certain Chapter 13 Post-Confirmation Modifications ===
Service Rules for Certain Chapter 13 Post-Confirmation Modifications In addition to complying with the Local Post-Confirmation Modification Procedures and Forms, Debtors proposing plan modifications which would impair or otherwise substantially affect the rights of holders of secured claims must also serve a copy of the proposed modification and modification notice on the secured creditor under Rule 7004 and include a certificate of service with the filed modification. Examples of modifications impairing the rights of holders of secured claims include, without limitation, surrender of collateral securing the claim and reduction of the amount to be distributed by the trustee on account of the claim as a result of post-confirmation developments.
=== Proposed Order Granting Rule 2004 Examinations ===
Proposed Orders Granting Rule 2004 Examinations The following form orders indicate the Court’s preferred format for proposed orders granting motions for Rule 2004 examinations. Below, there are four forms, each of which has been drafted to address one of four circumstances: (1) motions by trustees for examinations of non-debtors, (2) motions by trustees for examinations of debtors, (3) motions by parties other than the trustee for examinations of non-debtors, and (4) motions by parties other than the trustee for examinations of the debtor. The information necessary to customize a form is located within brackets and identified by italics and bold type. Please select the appropriate form, fill in the necessary information, and include the proposed order with your motions for Rule 2004 examinations. Preferred form for a proposed order for a Rule 2004 examination of a non-debtor by a Trustee: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR’S NAME], Debtor. CASE NUMBER [Case Number]-SMS CHAPTER [Number] : : : : : : ORDER GRANTING MOTION FOR EXAMINATION PURSUANT TO FED. R. BANKR. P. 2004 The motion of [Trustee’s Name], Chapter [number] Trustee (“Movant”) for an order authorizing the examination of [Non-Debtor’s Name] pursuant to Rule 2004 having been read and considered, it is ORDERED that the motion is GRANTED to permit that examination in accordance with Fed. R. Bankr. P. 2004(b) at a mutually agreed time and place. If attendance and production of documents cannot be obtained voluntarily, Movant may compel attendance and production of documents as provided in Fed. R. Bankr. P. 2004(c). IT IS FURTHER ORDERED that Movant Trustee is hereby authorized to pay a witness fees and mileage in connection with the service of any subpoena, a reasonable court reporting fee, and any other actual and necessary expenses incurred in connection with the examination. END OF DOCUMENT Preferred form for a proposed order for a Rule 2004 examination of a Debtor by a Trustee: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR’S NAME], Debtor. CASE NUMBER [Case-Number]-SMS CHAPTER [Number] : : : : : : ORDER GRANTING MOTION FOR EXAMINATION PURSUANT TO FED. R. BANKR. P. 2004 The motion of [Trustee’s Name], Chapter [number] Trustee (“Movant”) for an order authorizing the examination of [Debtor’s Name] pursuant to Rule 2004 having been read and considered, it is ORDERED that the motion is GRANTED to permit that examination in accordance with Fed. R. Bankr. P. 2004(b) and that the Debtor, [Debtor’s Name], shall appear for examination by the Trustee at [Location, identified by address] at [Time of day] on [Date], or at a mutually agreed time and place. IT IS FURTHER ORDERED that, subject to timely objection, the Debtor, in an orderly fashion, shall produce at said examination the records and documents listed in the foregoing Motion. IT IS FURTHER ORDERED that Movant Trustee is hereby authorized to incur all necessary expenses, if any, in connection with the examination, including a reasonable court reporting fee. END OF DOCUMENT Preferred form for a proposed order for a Rule 2004 examination of a non-debtor by a party other than a Trustee: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR’S NAME], Debtor. CASE NUMBER [Case-Number]-SMS CHAPTER [Number] : : : : : : ORDER GRANTING MOTION FOR EXAMINATION PURSUANT TO FED. R. BANKR. P. 2004 The motion of [Movant’s Name] (“Movant”) for an order authorizing the examination of [Non-Debtor’s Name] pursuant to Rule 2004 having been read and considered, it is ORDERED that the motion is GRANTED to permit that examination in accordance with Fed. R. Bankr. P. 2004(b) at a mutually agreed time and place. If attendance and production of documents cannot be obtained voluntarily, Movant may compel attendance and production of documents as provided in Fed. R. Bankr. P. 2004(c). END OF DOCUMENT Preferred form for a proposed order for a Rule 2004 examination of a Debtor by a party other than a Trustee: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR’S NAME], Debtor. CASE NUMBER [Case-Number]-SMS CHAPTER [Number] : : : : : : ORDER GRANTING MOTION FOR EXAMINATION PURSUANT TO FED. R. BANKR. P. 2004 The motion of [Movant’s Name] (“Movant”) for an order authorizing the examination of [Debtor’s Name] pursuant to Rule 2004 having been read and considered, it is ORDERED that the motion is GRANTED to permit that examination in accordance with Fed. R. Bankr. P. 2004(b) and that the Debtor, [Debtor’s Name], shall appear for examination by Movant at [Location, identified by address] at [Time of day] on [Date], or at a mutually agreed time and place. IT IS FURTHER ORDERED that, subject to timely objection, the Debtor, in an orderly fashion, shall produce at said examination the records and documents listed in the foregoing Motion. END OF DOCUMENT Proposed form for a proposed order for production of documents only: UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: [DEBTOR’S NAME], : : : : : : Debtor(s). CASE NUMBER [Case-Number]-SMS CHAPTER [Number] ORDER GRANTING MOTION FOR PRODUCTION OF DOCUMENTS TO MOVANT PURUSANT TO FED. R. BANKR. P. 2004 The motion of [Movant’s Name] (“Movant”) for an order authorizing the production of documents by [Respondent’s Name], pursuant to Rule 2004 (the “Motion”) having been read and considered, it is ORDERED that the motion is GRANTED to authorize the production of documents pursuant to Fed. R. Bankr. P. 2004(b) at a mutually agreed time and place. If production of documents cannot be obtained voluntarily, Movant may compel production of documents in Fed. R. Bankr. P. 2004(c). END OF DOCUMENT
=== Submission of Exhibits for Evidentiary Hearings ===
Submission of Exhibits for Evidentiary Hearings Unless otherwise ordered by the Court, in advance of any evidentiary hearing: 1. Counsel shall exchange documents, including any exhibits parties intend to use at the hearing no later than 7 days prior to the hearing. 2. Counsel shall mark all exhibits and file on the docket a cover page listing each exhibit, with each exhibit as a separate attachment thereto (e.g., if the cover page is docket no. 50, Exhibit A will be 50-1, Exhibit B will be 50-2, etc.) no later than 3 business days prior to the hearing. 3. Counsel shall create a PDF containing all “file stamped” exhibits, with each exhibit separately bookmarked, and shall email this PDF to chambers ([email protected]), copying opposing counsel and any other party participating in the hearing, no later than 3 business days prior to the hearing. If the PDF file size exceeds 250MB, it should be broken down into separate files not exceeding 250MB and each file should be emailed separately. 4. No hard copies of exhibits should be exchanged unless agreed by the parties or directed by the Court. No hard copies of exhibits should be delivered to chambers unless specifically requested by the Court; provided, however, that if the hearing is scheduled to take place in person, the marked originals of all exhibits should be brought to the hearing. 5. The parties shall also file a separate, typed listing of each party’s objections to the exhibits of the other party no later than 2 business days prior to the hearing. Any listed document to which an objection is not raised shall be deemed to have been stipulated as to authenticity by the parties, and such documents may be admitted at hearing without further proof of authenticity. 6. Counsel may file proposed Findings of Fact and Conclusions of Law and/or Stipulations of Fact up until 2 business days prior to the hearing. 7. If the parties determine that, by reason of settlement or other good cause, the case should not go forward, which determination shall be subject to Court approval, counsel shall notify the Court immediately so that the time set aside for the instant hearing may be assigned to other litigants.
=== Procedures for the Engagement of Professionals in Chapter 11 Cases ===
Procedures for the Engagement of Professionals in Chapter 11 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) [4 inches for ECF Order] UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA _____________ DIVISION In re [Debtor’s Name], Debtor. _______________________________________ Chapter 11 Case No. ___________ Judge ______________ 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 ORDER Prepared and presented by: [signature block for presenter] [Distribution List]