Instructions for Self-Selecting Hearing Dates; Court Appearances in Gainesville; Form of Notice for Gainesville; Gainesville Hybrid Calendar Procedures; Form of Notice for Gainesville; Form of Notice for Gainesville Voluntary Notice Procedures; Expedited Hearings and Emergency Motions; Order on Noti

Hon. James R. Sacca · U.S. Bankruptcy Court for the Northern District of Georgia

Role: Bankruptcy Judge

Bluebook Citation: Hon. James R. Sacca, Instructions for Self-Selecting Hearing Dates; Court Appearances in Gainesville; Form of Notice for Gainesville; Gainesville Hybrid Calendar Procedures; Form of Notice for Gainesville; Form of Notice for Gainesville Voluntary Notice Procedures; Expedited Hearings and Emergency Motions; Order on Noti, U.S. Bankruptcy Court for the Northern District of Georgia

Judge Profile: Hon. James R. Sacca profile and standing orders


Text

=== Instructions for Self-Selecting Hearing Dates ===

Instructions for Self-Selecting Hearing Dates and Time In Assigned to Judge Sacca (September 22, 2014) OPEN CALENDAR PROCEDURE 1. Attorneys must choose hearing dates for motions and applications and serve notices of hearings pursuant to this Open Calendar Procedure. A list of currently available hearing dates are available on the Court’s website at www.ganb.uscourts.gov (Click the Judges' Information tab at the top of the screen and select Judge James R. Sacca. Click the appropriate link for Atlanta or Gainesville hearing dates.) 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. Some types of matters may require a longer lead 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 B.L.R. 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 if the motion or other pleading that requires the filing of a response or some other act is served by mail, Bankruptcy Rule 9006(f) adds three days to prescribed period. 3. Note that available dates and times are grouped by the Chapter under which the case is filed and the types of matters to be heard. (A motion to dismiss or convert a Chapter 13 case or for relief from stay, however, may be scheduled for hearing at the time of the confirmation hearing in that case.) ALWAYS CHECK THE LIST OF CURRENTLY AVAILABLE DATES WHEN SETTING A HEARING BECAUSE A DATE MAY BE REMOVED FROM THE LIST AT ANY TIME. 4. File the motion or application and notice of hearing no later than one (1) business day after it is served. 5. Prepare the notice of hearing into which you will insert the date, time and courtroom location. Combine the notice, the motion, application or objection, any brief, and the certificate of service into one document for filing. The certificate of service must mention service of both the motion and the notice of hearing. If the motion is one to which a response may be required, follow the directions for preparing the notice in B.L.R. 9014-2(a) (and B.L.R. 3007-1 for objections to claims). B.L.R. 6008-1 and 6008-2 apply to motions to avoid a lien or to redeem, respectively. Those rules have their own forms of notices, which do not require that a hearing be noticed. 6. File the motion or application, notice of hearing and related documents on the same date as service or as soon as possible after service. It is during the electronic filing of the motion that the attorney is responsible for scheduling the hearing by supplying the correct date, time and place of the hearing. 7. ECF Participants/Attorneys may use the Open Calendar Procedure to reset a hearing date ( by filing an amended notice of hearing and supplying the date and time when filing) if all parties consent.

=== Court Appearances in Gainesville ===

Court Appearances in Judge Sacca’s Gainesville Courtroom (Beginning September 8, 2025) Beginning September 8, 2025, Judge Sacca will hold hearings and permit in- person appearances for matters on mass calendars in Gainesville as set forth below. Chapters 7, 11 (non-complex), 12 and 13: The calendar call will be virtual/ telephonic although personal appearances will be permitted. All matters marked ready will be heard immediately after the conclusion of the call of the 10:30 a.m. calendar. Unless otherwise directed by the Court , including by the Courtroom Deputy, the attorney or party for the ready matters that will be heard immediately at the conclusion of the call of the 10:30 a.m. calendar must appear via Judge Sacca’s Virtual Hearing Room pursuant to the instructions below or in person at the option of the person appearing. If you plan to present evidence, you should consider appearing in person. Parties are encouraged to use the Voluntary Notice Procedure set out in GO 24-2018 and allow sufficient time between the objection deadline and the hearing date to plan accordingly. Complex Chapter 11 cases: To be determined at first day hearings. Telephonic Dial-In Instructions * Toll Free Number: 833-568-8864 * Meeting ID: 161 418 0533 * Dial in at least 10 minutes before the hearing time * Place all phones on mute until your matter is called. DO NOT place this call on hold. * Pursuant to BLR 5073-1, you are prohibited from recording or broadcasting the proceedings * Each time you speak, identify yourself for the record Virtual Hearing Room Instructions The Link to connect to Judge Sacca’s “Virtual Hearing Room” is https://www.ganb.uscourts.gov/content/honorable-james-r-sacca. The Virtual Hearing Room can also be accessed through the link on the Chambers’ webpage or by clicking the link "Dial-In and Virtual Bankruptcy Hearing Information" in the middle of the top half of the Court's main webpage and then the link to Judge Sacca's Virtual Hearing Room. You should connect via this link each time you have a hearing with Judge Sacca until further notice from the Court. The link is best used on a desktop or laptop computer but may be used on a phone or tablet as well. Your device must have a camera and audio. You will have the greatest success by being connected to reliable Wi-Fi with a connection speed greater than 3mb/s. The first time you click the link you may be instructed to download the zoom application. It will only take a couple of minutes. When you are connected via your device, you will be in Judge Sacca’s “Virtual Hearing Room”. PLEASE JOIN THE VIRTUAL ROOM SUFFICIENTLY PRIOR TO YOUR HEARING IN CASE YOU HAVE A PROBLEM ACCESSING THE VIRTUAL HEARING ROOM. IF YOU EXPERIENCE DIFFICULTY IN CONNECTION, PLEASE CONTACT THE COURTROOM DEPUTY OR LAW CLERK VIA EMAIL. When you join the Virtual Hearing Room, please place yourself on mute until your matter is called. You may also turn your video off until your matter is called. Be aware that the courtroom deputy may place you on mute, in which case she will need to invite you to unmute yourself. It is best to mute yourself so you are in control. Remember you are on video, even as you wait your turn. The Judge will be in the courtroom and since this is a court proceeding, the Judge expects all participants to dress and act as if they are in the courtroom. Any person who does not follow proper courtroom decorum may be removed from the virtual courtroom without any notice. As with the phone appearances, identify yourself for the record each time you speak. Also make sure your Zoom profile matches your legal name. You are prohibited from recording or broadcasting the proceedings conducted by the bankruptcy court. BLR 5073-1. If you have any questions, please contact Kristi Gillespie at 678-450-2713.

=== Form of Notice for Gainesville ===

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 [GAINESVILLE] DIVISION IN RE: [NAME OF DEBTOR(s)], [NAME OF MOVANT(s)], v. Movant(s), [NAME OF RESPONDENT(s)], Respondent(s). : : : : Debtor(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] in Courtroom [xxxx], [COURT LOCATION, e.g. Federal Building, 121 Spring Street, SE, Gainesville, GA 30501], which may be attended in person or via the Court’s Virtual Hearing Room. Please check the "Bankruptcy Hearing Information" link at the top of the homepage of the Court's website, www.ganb.uscourts.gov, for more information and instructions on how to participate in Court hearings. You may also review the “Hearing Information” tab on the judge’s webpage for further information about the hearing. 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 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. 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 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]

=== Gainesville Hybrid Calendar Procedures ===

Gainesville Hybrid Mass Calendar Appearance Procedures (Beginning February 1, 2026) Beginning February 1, 2026, Judge Sacca will hold hearings on mass calendars in Gainesville as set forth below. The procedures for hearings that are not scheduled on a mass calendar will be determined by the Court on a case-by-case basis. Chapters 7, 11 (non-complex), 12 and 13: The calendar call will be virtual/ telephonic via Judge Sacca’s Virtual Hearing Room pursuant to the instructions below or in person at the option of the person appearing. Except for the limited categories of hearings set forth below, in person appearances for any matter held ready will be required that day at either 11 a.m or 1 p.m. as mutually announced by the parties at the calendar call in Courtroom 103, United States Courthouse, 121 Spring St., Gainesville, Georgia. If the parties do not mutually agree to 11 a.m., or such other time agreed to by the Court at the mutual request of the parties (such as 11:30 a.m. that day), the matter will be heard in person at 1 p.m. that day. Exceptions: Notwithstanding the foregoing, the following matters will be heard virtually immediately after the conclusion of the call of the 10:30 a.m. calendar via Judge Sacca’s Virtual Hearing Room pursuant to the instructions below or in person at the option of the person appearing: 1. Subchapter V status conferences; 2. Status conferences in adversary proceedings and contested matters; 3. Uncontested Chapter 11 and 12 plan confirmation hearings; 4. Uncontested Chapter 11 Disclosure Statement hearings; 5. Uncontested First Day Hearings in Chapter 11 cases scheduled on mass calendars; 6. Other matters in which the parties are not seeking a ruling, such as the parties requesting a specially set hearing date; and 7. Uncontested matters in which a party wishes to apprise the judge of something. For example, and without limiting same, the parties can appear virtually if the parties merely want to advise the Court of a change of the terms of an otherwise uncontested sale or settlement so the Court can understand why the order will reflect different terms than the motion or if a Trustee is merely seeking direction with respect to how to disburse money in regard to an otherwise unopposed motion. Regarding matters held ready to be heard in person, a party in interest or their counsel whose participation in the hearing will be limited to monitoring the hearing or otherwise are only appearing only to advise the Court of their support of or opposition to the matter and otherwise will not be making any substantive argument or presentation of evidence other than to say they support the position of one party or another, may request permission to attend the hearing virtually from the Court via email to Chambers, [email protected], at least 30 minutes in advance of the hearing. In addition, “no opposition” announcements at the calendar call earlier in the day will alleviate the need for that party in interest to make a further appearance at the in person hearing. Parties are encouraged to use the Voluntary Notice Procedure set out in the Fifth Amended and Restated General Order 24-2018, as amended and restated from time to time, and allow sufficient time between the objection deadline and the hearing date to plan accordingly. Complex Chapter 11 cases: To be determined at first day hearings. Telephonic Dial-In Instructions * Toll Free Number: 833-568-8864 * Meeting ID: 161 418 0533 * Dial in at least 10 minutes before the hearing time * Place all phones on mute until your matter is called. DO NOT place this call on hold. * Pursuant to BLR 5073-1, you are prohibited from recording or broadcasting the proceedings * Each time you speak, identify yourself for the record Virtual Hearing Room Instructions The Link to connect to Judge Sacca’s “Virtual Hearing Room” is Virtual https://www.ganb.uscourts.gov/content/honorable-james-r-sacca. Hearing Room can also be accessed through the link on the Chambers’ webpage or by clicking the link "Dial-In and Virtual Bankruptcy Hearing Information" in the middle of the top half of the Court's main webpage and then the link to Judge Sacca's Virtual Hearing Room. You should connect via this link each time you have a virtual hearing with Judge Sacca until further notice from the Court. The The link is best used on a desktop or laptop computer but may be used on a phone or tablet as well. Your device must have a camera and audio. You will have the greatest success by being connected to reliable Wi-Fi with a connection speed greater than 3mb/s. The first time you click the link you may be instructed to download the zoom application. It will only take a couple of minutes. When you are connected via your device, you will be in Judge Sacca’s “Virtual Hearing Room”. PLEASE JOIN THE VIRTUAL ROOM SUFFICIENTLY PRIOR TO YOUR HEARING IN CASE YOU HAVE A PROBLEM ACCESSING THE VIRTUAL HEARING ROOM. IF YOU EXPERIENCE DIFFICULTY IN CONNECTION, PLEASE CONTACT THE COURTROOM DEPUTY OR LAW CLERK VIA EMAIL. When you join the Virtual Hearing Room, please place yourself on mute until your matter is called. You may also turn your video off until your matter is called. Be aware that the courtroom deputy may place you on mute, in which case she will need to invite you to unmute yourself. It is best to mute yourself so you are in control. Remember you are on video, even as you wait your turn. The Judge will be in the courtroom and since this is a court proceeding, the Judge expects all participants to dress and act as if they are in the courtroom. Any person who does not follow proper courtroom decorum may be removed from the virtual courtroom without any notice. As with the phone appearances, identify yourself for the record each time you speak. Also make sure your Zoom profile matches your legal name. You are prohibited from recording or broadcasting the proceedings conducted by the bankruptcy court. BLR 5073-1. If you have any questions, please contact Kristi Gillespie at 678-450-2713.

=== Form of Notice for Gainesville ===

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 GAINESVILLE DIVISION IN RE: [NAME OF DEBTOR(s)], Debtor(s). [NAME OF MOVANT(s)], Movant(s), v. [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] on [DATE, e.g. February 1, 2026], the calendar call for which will be at [TIME, e.g. 9:40 A. M.] in Courtroom 103, Federal Building, 121 Spring Street, SE, Gainesville, GA 30501, which calendar call may be attended in person or via the Court’s Virtual Hearing Room. Except as explained in the hearing procedures on Judge Sacca’s Chambers webpage, any matter held ready at the calendar call for the Court to hear shall be heard later that day in person at either 11 a.m. or 1 p.m. as mutually requested by the parties in the Courtroom listed above. Please check the "Bankruptcy Hearing Information" link at the top of the homepage of the Court's website, www.ganb.uscourts.gov, which includes a link to Judge Sacca’s Chambers webpage, for more information and instructions on how to participate in Court hearings. You should also review the “Hearing Information” tab on Judge Sacca’s Chambers 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. webpage for further information about the procedures for the hearing. If the parties do not mutually agree to have the matter heard in person at 11 a.m. (or such other time agreed to by the parties and approved by the Court, such as 11:30 a.m. that day), the matter will be heard in person at 1 p.m. that day. 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 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]

=== Form of Notice for Gainesville Voluntary Notice Procedures ===

Form of Notice for Voluntary Notice Procedures for Gainesville cases UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION IN RE: [NAME OF DEBTOR(s)] CASE NO. [XX-XXXXX-XXX] Debtor(s). CHAPTER [XX] [NAME OF MOVANT(s)], Movant(s), vs. [NAME OF RESPONDENT(s)], Respondent(s). NOTICE OF [TITLE of PLEADING], DEADLINE TO OBJECT AND HEARING [NAME OF MOVANT] has filed a [TITLE OF PLEADING] on [DATE]. Pursuant to Fifth Amended and Restated General Order No. 24-2018, the Court may consider this matter without further notice or hearing if no party in interest files a response or objection within [ twenty­ one (21) days, but thirty (30) days for objections to claims or another time set by Bankruptcy Rules or Local Rules] from the date of service of this notice. If you object to the relief requested in this pleading, you must timely file your objection with the Bankruptcy Clerk at Clerk, U.S. Bankruptcy Court, Suite 1340, 75 Ted Turner Drive, SW, Atlanta Georgia 30303, and serve a copy on the movant's attorney, {NAME AND ADDRESS}, and any other appropriate persons by the objection deadline. The response or objection must explain your position and be actually received by the Bankruptcy Clerk within the required time. I PLEASE TAKE FURTHER NOTICE that a hearing on the pleading has been scheduled for [DATE not less than 7 days after the objection deadline], the calendar call for which will be at [TIME, e.g. 9:40 A. M.] in Courtroom 103, Federal Building, 121 Spring Street, SE, Gainesville, GA 30501, which calendar call may be attended in person or via the Court’s Virtual Hearing Room. Except as explained in the hearing procedures on Judge Sacca’s Chambers webpage, any matter held ready at the calendar call for the Court to hear shall be heard later that day in person at either 11 a.m. or 1 p.m. as mutually requested by the parties in the Courtroom listed above. Please check the "Bankruptcy Hearing Information" link at the top of the homepage of the Court's website, www.ganb.uscourts.gov, which includes a link to Judge Sacca’s Chambers webpage, for more information and instructions on how to participate in Court hearings. You should also review the “Hearing Information” tab on Judge Sacca’s Chambers webpage for further information about the procedures for the hearing. If the parties do not mutually agree to have the matter heard in person at 11 a.m. (or such other time agreed to by the parties and approved by the Court, such as 11:30 a.m. that day), the matter will be heard in person at 1 p.m. that day. If an objection or response is timely filed and served, the hearing will proceed as scheduled. If you do not file a response or objection within the time permitted, the Court may grant the relief requested without further notice and without holding the scheduled hearing provided that an order approving the relief requested is entered at least one business day prior to the scheduled hearing. If no objection is timely filed, but no order is entered granting the relief requested at least one business day prior to the scheduled hearing, the hearing will be held as scheduled unless the Court directs otherwise. Your rights may be affected. You should read these papers 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. [INCLUDE WHEN APPLICABLE pursuant to 11 U.S.C. § 362(e)] 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 ATTORNEY/ [Bar No. [ADDRESS/ [TELEPHONE NUMBER/ Attorney for [NAME OF MOVANT] xxxxxx/ 2

=== Expedited Hearings and Emergency Motions ===

Expedited Hearings and Emergency Motions A movant may seek an expedited hearing on a motion involving a true emergency (an “emergency motion”) such that if the hearing is not held, the movant will likely suffer irreparable harm. A movant may also seek an expedited hearing on a motion that does not, strictly speaking, involve an emergency but for which there is nonetheless a very sound reason for speeding up the process of resolving the motion. The Court ordinarily will not grant a motion for an expedited hearing on a motion to sell property or other motion for substantive relief that the movant was dilatory in filing. A motion for an expedited hearing should be filed separately from the motion seeking substantive relief and should allege facts showing why the Movant needs to have the motion considered sooner than it would otherwise be considered under applicable procedural rules. The Court will not grant a motion for an expedited hearing on a substantive motion that has not yet been filed. After filing both the motion for an expedited hearing and the substantive motion, counsel should contact the Courtroom Deputy Clerk, Kristi Gillespie at 678-450-2713, to let (cid:75)(cid:72)(cid:85) know(cid:3) that the motions have been filed, when you would like to have it heard and how much time will be required. Counsel should serve the proper parties in the most expeditious manner possible. The notice of hearing and a certificate of service must be filed prior to or at the hearing(cid:17)

=== Objection to Proof of Claim filed by the IRS Procedures ===

OBJECTION TO PROOF OF CLAIM FILED BY THE IRS: Beginning on March 1, 2021, Judge Sacca will only enter an order granting an objection to a proof of claim filed by the IRS, wherein the objection is based on the filing of an original or amended tax return, if one of the following occurs: (a) the IRS consents in writing, (b) evidence is presented at a hearing supporting the objection, (c) the attorney for the debtor states in either a separate pleading or a paragraph in the objection that “The undersigned hereby certifies that he/she has in his/her possession copies in paper or electronic format of the applicable tax returns and a transcript [or some other evidence] that shows the returns have been filed with and received by the IRS and sent copies thereof to the Chapter 13 trustee”, (d) redacted copies of the applicable returns and a transcript or some other evidence that shows the returns have been filed with and received by the IRS are attached to the objection or in a separate pleading or (e) an affidavit or declaration of the Debtor under penalty of perjury attesting that the attached returns have been filed and received by the IRS is attached to the objection or in a separate pleading. The forgoing applies to Judge Sacca’s cases and may or may not be satisfactory for other Judges in this District.

=== Virtual Hearing Room Instructions ===

Virtual Hearing Room Instructions The Link to connect to (cid:58)(cid:437)(cid:282)(cid:336)(cid:286)(cid:3)(cid:94)(cid:258)(cid:272)(cid:272)(cid:258)’s “Virtual Hearing Room” is https://(cid:449)ww.ganb.uscourts.gov/content/honorable-(cid:361)(cid:258)(cid:373)(cid:286)(cid:400)-(cid:396)-(cid:400)(cid:258)(cid:272)(cid:272)(cid:258). (cid:100)(cid:346)(cid:286)(cid:3)(cid:115)(cid:349)(cid:396)(cid:410)(cid:437)(cid:258)(cid:367)(cid:3) (cid:44)(cid:286)(cid:258)(cid:396)(cid:349)(cid:374)(cid:336)(cid:3)(cid:90)(cid:381)(cid:381)(cid:373)(cid:3)(cid:272)(cid:258)(cid:374)(cid:3)(cid:258)(cid:367)(cid:400)(cid:381)(cid:3)(cid:271)(cid:286)(cid:3)(cid:258)(cid:272)(cid:272)(cid:286)(cid:400)(cid:400)(cid:286)(cid:282)(cid:3)(cid:410)(cid:346)(cid:396)(cid:381)(cid:437)(cid:336)(cid:346)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:367)(cid:349)(cid:374)(cid:364)(cid:3)(cid:381)(cid:374)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:18)(cid:346)(cid:258)(cid:373)(cid:271)(cid:286)(cid:396)(cid:400)(cid:859)(cid:3)(cid:449)(cid:286)(cid:271)(cid:393)(cid:258)(cid:336)(cid:286)(cid:3) (cid:381)(cid:396)(cid:3)(cid:271)(cid:455)(cid:3)(cid:272)(cid:367)(cid:349)(cid:272)(cid:364)(cid:349)(cid:374)(cid:336)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:367)(cid:349)(cid:374)(cid:364)(cid:3)(cid:919)(cid:24)(cid:349)(cid:258)(cid:367)(cid:882)(cid:47)(cid:374)(cid:3)(cid:258)(cid:374)(cid:282)(cid:3)(cid:115)(cid:349)(cid:396)(cid:410)(cid:437)(cid:258)(cid:367)(cid:3)(cid:17)(cid:258)(cid:374)(cid:364)(cid:396)(cid:437)(cid:393)(cid:410)(cid:272)(cid:455)(cid:3)(cid:44)(cid:286)(cid:258)(cid:396)(cid:349)(cid:374)(cid:336)(cid:3)(cid:47)(cid:374)(cid:296)(cid:381)(cid:396)(cid:373)(cid:258)(cid:410)(cid:349)(cid:381)(cid:374)(cid:919)(cid:3)(cid:349)(cid:374)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3) (cid:373)(cid:349)(cid:282)(cid:282)(cid:367)(cid:286)(cid:3)(cid:381)(cid:296)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:410)(cid:381)(cid:393)(cid:3)(cid:346)(cid:258)(cid:367)(cid:296)(cid:3)(cid:381)(cid:296)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:18)(cid:381)(cid:437)(cid:396)(cid:410)(cid:918)(cid:400)(cid:3)(cid:373)(cid:258)(cid:349)(cid:374)(cid:3)(cid:449)(cid:286)(cid:271)(cid:393)(cid:258)(cid:336)(cid:286)(cid:3)(cid:258)(cid:374)(cid:282)(cid:3)(cid:410)(cid:346)(cid:286)(cid:374)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:367)(cid:349)(cid:374)(cid:364)(cid:3)(cid:410)(cid:381)(cid:3)(cid:58)(cid:437)(cid:282)(cid:336)(cid:286)(cid:3) (cid:94)(cid:258)(cid:272)(cid:272)(cid:258)(cid:918)(cid:400)(cid:3)(cid:115)(cid:349)(cid:396)(cid:410)(cid:437)(cid:258)(cid:367)(cid:3)(cid:44)(cid:286)(cid:258)(cid:396)(cid:349)(cid:374)(cid:336)(cid:3)(cid:90)(cid:381)(cid:381)(cid:373)(cid:856)(cid:3)(cid:3) You should connect via this link each time(cid:3)(cid:455)(cid:381)(cid:437)(cid:3) (cid:346)(cid:258)(cid:448)(cid:286)(cid:3)(cid:258)(cid:3)(cid:346)(cid:286)(cid:258)(cid:396)(cid:349)(cid:374)(cid:336)(cid:3)(cid:449)(cid:349)(cid:410)(cid:346)(cid:3)(cid:58)(cid:437)(cid:282)(cid:336)(cid:286)(cid:3)(cid:94)(cid:258)(cid:272)(cid:272)(cid:258)(cid:3)(cid:437)(cid:374)(cid:410)(cid:349)(cid:367)(cid:3)(cid:296)(cid:437)(cid:396)(cid:410)(cid:346)(cid:286)(cid:396)(cid:3)(cid:374)(cid:381)(cid:410)(cid:349)(cid:272)(cid:286)(cid:3)(cid:296)(cid:396)(cid:381)(cid:373)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:18)(cid:381)(cid:437)(cid:396)(cid:410). The link is best used on a desktop or laptop computer but may be used on a phone or tablet as well. Your device must have a camera and audio. You will have the greatest success by being connected to reliable Wi-Fi with a connection speed greater than 3mb/s. The first time you click the link you may be instructed to download the (cid:460)(cid:381)(cid:381)(cid:373)(cid:3)app(cid:367)(cid:349)(cid:272)(cid:258)(cid:410)(cid:349)(cid:381)(cid:374). It will only take a couple of minutes. When you are connected via your device, you will be in Judge (cid:94)(cid:258)(cid:272)(cid:272)(cid:258)’s “Virtual Hearing Room”. PLEASE JOIN THE VIRTUAL ROOM (cid:94)(cid:104)(cid:38)(cid:38)(cid:47)(cid:18)(cid:47)(cid:28)(cid:69)(cid:100)(cid:62)(cid:122)(cid:3)PRIOR TO YOUR HEARING(cid:3)(cid:47)(cid:69)(cid:3)(cid:18)(cid:4)(cid:94)(cid:28)(cid:3) (cid:122)(cid:75)(cid:104)(cid:3)(cid:44)(cid:4)(cid:115)(cid:28)(cid:3)(cid:4)(cid:3)(cid:87)(cid:90)(cid:75)(cid:17)(cid:62)(cid:28)(cid:68)(cid:3)(cid:4)(cid:18)(cid:18)(cid:28)(cid:94)(cid:94)(cid:47)(cid:69)(cid:39)(cid:3)(cid:100)(cid:44)(cid:28)(cid:3)(cid:115)(cid:47)(cid:90)(cid:100)(cid:104)(cid:4)(cid:62)(cid:3)(cid:44)(cid:28)(cid:4)(cid:90)(cid:47)(cid:69)(cid:39)(cid:3)(cid:90)(cid:75)(cid:75)(cid:68). IF YOU EXPERIENCE DIFFICULTY IN CONNECTION, PLEASE CONTACT THE COURTROOM DEPUTY OR LAW CLERK VIA EMAIL. When you join the Virtual Hearing (cid:90)oom, please place yourself on mute (cid:437)(cid:374)(cid:410)(cid:349)(cid:367)(cid:3) (cid:455)(cid:381)(cid:437)(cid:396)(cid:3)(cid:373)(cid:258)(cid:410)(cid:410)(cid:286)(cid:396)(cid:3)(cid:349)(cid:400)(cid:3)(cid:272)(cid:258)(cid:367)(cid:367)(cid:286)(cid:282)(cid:856)(cid:3)(cid:3)(cid:122)(cid:381)(cid:437)(cid:3)(cid:373)(cid:258)(cid:455)(cid:3)(cid:258)(cid:367)(cid:400)(cid:381)(cid:3)(cid:410)(cid:437)(cid:396)(cid:374)(cid:3)your video o(cid:296)(cid:296)(cid:3)(cid:437)(cid:374)(cid:410)(cid:349)(cid:367)(cid:3)(cid:455)(cid:381)(cid:437)(cid:396)(cid:3)(cid:373)(cid:258)(cid:410)(cid:410)(cid:286)(cid:396)(cid:3)(cid:349)(cid:400)(cid:3)(cid:272)(cid:258)(cid:367)(cid:367)(cid:286)(cid:282)(cid:856)(cid:3)(cid:3) Be aware that the courtroom deputy may place you on mute, in which case she will need to invite you to unmute yourself. It is best to mute yourself so you are in control. Remember you are on video, even as you wait your turn. The (cid:58)udge will be in the courtroom and since this is a court proceeding, the (cid:58)udge expects all participants to dress and act as if they are in the courtroom. As with the phone appearances, identify yourself for the record each time you speak. (cid:4)(cid:367)(cid:400)(cid:381)(cid:3)(cid:373)(cid:258)(cid:364)(cid:286)(cid:3)(cid:400)(cid:437)(cid:396)(cid:286)(cid:3)(cid:455)(cid:381)(cid:437)(cid:396)(cid:3)(cid:127)(cid:381)(cid:381)(cid:373)(cid:3)(cid:393)(cid:396)(cid:381)(cid:296)(cid:349)(cid:367)(cid:286)(cid:3)(cid:373)(cid:258)(cid:410)(cid:272)(cid:346)(cid:286)(cid:400)(cid:3)(cid:455)(cid:381)(cid:437)(cid:396)(cid:3)(cid:367)(cid:286)(cid:336)(cid:258)(cid:367)(cid:3)(cid:374)(cid:258)(cid:373)(cid:286)(cid:856)(cid:3)(cid:3)(cid:122)(cid:381)(cid:437)(cid:3)(cid:258)(cid:396)(cid:286)(cid:3) (cid:393)(cid:396)(cid:381)(cid:346)(cid:349)(cid:271)(cid:349)(cid:410)(cid:286)(cid:282)(cid:3)(cid:296)(cid:396)(cid:381)(cid:373)(cid:3)(cid:396)(cid:286)(cid:272)(cid:381)(cid:396)(cid:282)(cid:349)(cid:374)(cid:336)(cid:3)(cid:381)(cid:396)(cid:3)(cid:271)(cid:396)(cid:381)(cid:258)(cid:282)(cid:272)(cid:258)(cid:400)(cid:410)(cid:349)(cid:374)(cid:336)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3)(cid:393)(cid:396)(cid:381)(cid:272)(cid:286)(cid:286)(cid:282)(cid:349)(cid:374)(cid:336)(cid:400)(cid:3)(cid:272)(cid:381)(cid:374)(cid:282)(cid:437)(cid:272)(cid:410)(cid:286)(cid:282)(cid:3)(cid:271)(cid:455)(cid:3)(cid:410)(cid:346)(cid:286)(cid:3) (cid:271)(cid:258)(cid:374)(cid:364)(cid:396)(cid:437)(cid:393)(cid:410)(cid:272)(cid:455)(cid:3)(cid:272)(cid:381)(cid:437)(cid:396)(cid:410)(cid:856)(cid:3)(cid:17)(cid:62)(cid:90)(cid:3)(cid:1009)(cid:1004)(cid:1011)(cid:1007)(cid:882)(cid:1005)(cid:856)(cid:3)

=== Engagement of Professionals in a Chapter 11 Case ===

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]

Chat with this judge practice using AI

Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.