Motion Docket Dates; In-Person Hearings: Judge Koch's Memorandum Dated January 2, 2024; Motions for which No Notice pursuant to Local Rule 9013-1 is Required: Judge Koch's Memorandum Dated September 17, 2024; Judge Koch's General Practices and Procedures 2026; Appendix A to Judge Koch's General Prac

Hon. Suzana Krstevski Koch · U.S. Bankruptcy Court for the Northern District of Ohio

Role: Bankruptcy Judge

Bluebook Citation: Hon. Suzana Krstevski Koch, Motion Docket Dates; In-Person Hearings: Judge Koch's Memorandum Dated January 2, 2024; Motions for which No Notice pursuant to Local Rule 9013-1 is Required: Judge Koch's Memorandum Dated September 17, 2024; Judge Koch's General Practices and Procedures 2026; Appendix A to Judge Koch's General Prac, U.S. Bankruptcy Court for the Northern District of Ohio

Judge Profile: Hon. Suzana Krstevski Koch profile and standing orders

Text

=== Motion Docket Dates ===

MEMORANDUM To: Attorneys and Parties with Cases or Matters assigned to Judge Koch From: The Honorable Suzana Krstevski Koch RE: Motion Docket Dates for February 2026 through December 2026 Date: January 23, 2026 **************************************************************************** Chapter 7 @ 9:30 a.m. & Chapter 11 & 12 @ 11 a.m. Pre-Trial Conference @ 1:30 p.m.-2:45 p.m. Reaffirmation Agreements @ 3:00 p.m. February 4 March 4 April 8 May 13 June 10 July 15 August 5 September 2 October 15 November 4 December 2 February 10 March 10 April 14 May 19 June 16 July 21 August 11 September 15 October 13 November 10 December 8 Miscellaneous Docket February 12 March 5 April 16 May 21 September 10 October 22 November 19 December 17 Chapter 13 @ 1:00 p.m. (Pro Se Cases) 1:30 p.m. (Debtors Represented by Counsel) February 3 (Reverse Order) February 17 March 3 (Reverse Order) March 24 April 7 (Reverse Order) April 28 May 12 (Reverse Order) May 26 June 9 (Reverse Order) June 23 June 30 (Reverse Order) July 14 August 4 (Reverse Order) August 18 September 1 (Reverse Order) September 22 October 6 (Reverse Order) October 20 November 3 (Reverse Order) November 17 December 1 (Reverse Order) December 15 **Judges’ Conference – Week of 7/27/2026 **Sixth Circuit Judicial Conference – Week of 8/24/2026 **NCBJ – Week of 10/5/2026

=== In-Person Hearings: Judge Koch's Memorandum Dated January 2, 2024 ===

UNITED STATES BANKRUPTCY COURT Northern District of Ohio Howard M. Metzenbaum United States Courthouse, Suite 248 201 Superior Avenue Cleveland, Ohio 44114 The Honorable Suzana Krstevski Koch United States Bankruptcy Judge (216) 615-4422 [email protected] MEMORANDUM To: Attorneys and Parties with Cases or Matters assigned to Judge Koch From: The Honorable Suzana Krstevski Koch RE: In-Person Hearings Date: Effective as of January 2, 2024 As of January 2, 2024, unless otherwise ordered, attorneys and pro se parties must attend all hearings in person. Telephone Appearances. The Court will allow appearance by telephone in limited circumstances for good cause. Any party or counsel who wishes to appear by telephone must file a motion requesting leave to attend by telephone explaining the reason for the request no later than 3:00 p.m. two business days before the scheduled hearing. Please note that the general press of business is not good cause. Should the Court grant a request to appear by telephone, Chambers will issue a unique passcode to the moving party. Resolving a matter by settlement or withdrawal. A hearing may no longer be necessary if (1) all interested parties timely settle a matter or if a withdrawal is timely filed, and (2) the Court has no questions regarding the matter. (1) Settlement/ Proposed Agreed Order. If there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved and a proposed agreed order has already been submitted to the Court no later than 3:00 p.m. two business days before the scheduled hearing, and the Court has approved and entered the agreed order, then there may be no need to hold a hearing and the hearing may be removed from the Docket Calendar. A lack of any filed objections to a motion or application does not necessarily mean there is a clear agreement between all interested parties. (2) Withdrawal. A withdrawal must be filed no later than 3:00 p.m. two business days before the scheduled hearing, otherwise the hearing will remain on the Docket Calendar, and counsel shall be present in person. If a hearing is removed from the Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch’s “Docket Calendar for the Current Week” on her website is updated every 15 minutes and includes the most current Docket Calendar information. Hearings may be adjourned by Court Order. Adjournments require advance Court approval. Parties may request an adjournment by motion filed no later than 3:00 p.m. two business days before the scheduled hearing. If all interested parties are in agreement, instead of filing a motion, the parties may email a request for an adjournment to Chambers at [email protected] The email to Chambers must be copied to all interested parties known to the requesting party, and it must be received by Chambers no later than 3:00 p.m. two business days before the scheduled hearing. Any request for an adjournment, whether by motion or email, must state: i. whether or not the adjournment is agreed to by all parties seeking and opposing the relief in question; ii. the basis for the request; iii. how many previous adjournments have been sought; and iv. the period of time requested until the next hearing. Late adjournment requests will not be considered unless good cause exists for the untimely request. 2 Whether requested by motion or email, a hearing is not adjourned until the Court orders an adjournment. If a hearing is adjourned from the current Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch’s “Docket Calendar for the Current Week” on her website is updated every 15 minutes and includes the most current Docket Calendar information. Please note: a third adjournment will generally be a final adjournment, particularly for Chapter 13 plan confirmations, unless good cause is shown why any further adjournments are necessary. Telephone calls to Chambers to request an adjournment are not permitted. Expectation to appear in person. Compliance with these procedures shall excuse counsel from attending the hearing of a matter. Absent compliance with these procedures, counsel and pro se parties are expected to appear in person. Failure to appear may result in denial of the relief requested or other appropriate sanctions. In emergency or unforeseen circumstances, as soon as is reasonably practicable, counsel or pro se parties should contact Chambers to explain the emergency. Communications sent to Chambers. Please note that communications sent to Chambers should be sent by attorneys admitted to practice before this Court. To the extent communications are sent by paraprofessionals, such communications should be limited to such communications as are appropriate under applicable rules governing the practice of law. The attorney of record for the matter must be copied on the email. The Court may enter communications sent to Chambers on the Docket for the case that is the subject of the communication and may include the content of the communication on the Docket Calendar. Defined Terms. “Chambers” means Judge Koch’s staff: her Courtroom Deputy, her Law Clerk, and her Judicial Paralegal. “Docket” is the log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. “Docket Calendar” is the list of hearings including the date, time, and matter scheduled to be heard and can be found on Judge Koch’s website under Docket Information: https://www.ohnb.uscourts.gov/content/judge-suzana-krstevski-koch 3 Please note, for Tuesday hearings, 3:00 p.m. two business days before the scheduled hearing means the preceding Friday at 3:00 p.m., provided there is no intervening holiday. For example, Martin Luther King Jr.’s Birthday, Washington's Birthday, Memorial Day, Labor Day, and Columbus Day always occur on Mondays. For those weeks, 3:00 p.m. two business days before the scheduled hearing means the preceding Thursday at 3:00 p.m. 4

=== Motions for which No Notice pursuant to Local Rule 9013-1 is Required: Judge Koch's Memorandum Dated September 17, 2024 ===

=== Judge Koch's General Practices and Procedures 2026 ===

UNITED STATES BANKRUPTCY COURT Northern District of Ohio, Eastern Division Howard M. Metzenbaum United States Courthouse 201 Superior Avenue, Suite 248, Cleveland, Ohio 44114 The Honorable Suzana Krstevski Koch United States Bankruptcy Judge (216) 615-4422 [email protected] “As an officer of the court, a lawyer not only represents clients but has a special responsibility for the quality of justice.” Preamble, Ohio Rules of Professional Conduct ~~~~~~~~~~~~~~ General Practices and Procedures for Appearing before Judge Koch effective June 1, 2026* 1. General 2. 3. 4. 5. 6. A. B. C. Courtroom Decorum and Courthouse Security Filing without an Attorney (self-represented parties/pro se filers) and Warning about Use of Generative Artificial Intelligence Young or New Bankruptcy Lawyers; Law Students In-Person Attendance at Hearings; Personal Laptops, Cell Phones, and Other Technology and Items in the Courtroom Communication with Chambers Scheduling Hearings; Requesting Adjournment Settlements; Withdrawals Motions Practice A. B. C. Generally, including when LBR 9013-1 Notice Is Not Required Local Bankruptcy Rule 9013-1; No Notice List Expedited Relief D. Motions for Extension of Time E. Motions for Lien Avoidance and Valuation of Security F. G. Motions for Relief from the Automatic Stay Affidavits of Default Lifting the Automatic Stay H. Motion to Reopen To File a Reaffirmation Agreement I. J. Chapter 7 Trustee Fee Deferral To Sell Property of the Estate Free and Clear of Liens under 11 U.S.C. § 363(f) Paying Filing Fees by Installment under Rule 1006(b) 7. Adversary Proceedings A. B. C. D. E. F. G. Initial Pretrial Conference Initial Disclosures Stipulations Due at Close of Discovery Dispositive Motions Motions in Limine Trial Brief Adversary Proceedings To Deny or Revoke a Debtor’s Discharge 8. 9. Discovery Disputes Applications for Compensation A. B. Guidelines for Compensation and Expense Reimbursement of Professionals Notice Provision Required for Applications To Employ Professionals and Applications for Compensation; Applications To Retain Counsel in Chapter 7 Cases for Relief from the Automatic Stay 10. [reserved] 11. Chapter 11 12. [reserved] 2 13. Chapter 13 A. B. C. D. E. F. G. H. I. J. Administrative Orders related to Chapter 13 in Cleveland Form Chapter 13 Plan in Cleveland Pre-Confirmation Modifications Confirmation Hearings; Funding Delinquencies Post-Confirmation Modifications Specific Post-Confirmation Motions: Motions To Sell Real Estate Specific Post-Confirmation Motions: Motions To Incur New Debt To Buy Real Estate Specific Post-Confirmation Motions: Motions To Incur New Debt To Refinance Real Estate Specific Post-Confirmation Motions: Motions To Incur New Debt To Lease/Purchase Vehicle Motion for Plan Payment Moratorium K. Motions To Absorb Plan Payments L. Interlineations M. Motions to Reinstate Chapter 13 Cases N. Motions To Avoid Liens in Chapter 13 O. Special Counsel in Chapter 13 14. Common Deficiencies Appendix A: Court Memoranda issued or adopted by Judge Koch *Revised to include and/or clarify: 1(B) and (C); 6(C), (I), and (J); and 13(C) and (O). 3 1. General All parties must comply with the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules for this Court (“LBR”) and the District Court (as applicable), and the Ohio Rules of Professional Conduct. Parties should be familiar with Judge Koch’s Administrative Order 23-04, filed on October 18, 2023, as well as all applicable General Orders and other Administrative Orders, including the Administrative Procedures Manual, as well as Memoranda issued by the Court. All General Orders, Administrative Orders, and Memoranda can be found on the Court’s website under the “Judges’ Info” tab. There are separate tabs for “General Orders,” “Administrative Orders,” and “Memoranda.” Judge Koch also has a link to the Cleveland Administrative Orders on her Chamber’s website, and the Cleveland Memoranda are attached as Appendix A. The ECF Administrative Procedures Manual can be found on the Court’s website under the “Rules and Procedures” tab. The ECF Administrative Procedures Manual provides guidance to individuals and entities authorized to use the court Electronic Case Filing (ECF) system, which is the court’s electronic case management system. The manual includes instructions on ECF registration, case filing, service, document access, maintenance, and verification. The Attorney ECF Manual can be found on the Court’s website under the “ECF and Case Info” tab. The Attorney ECF Manual includes step-by-step instructions regarding ECF. 4 A. Courtroom Decorum and Courthouse Security Courtroom Decorum Courtroom Decorum is governed by Local Civil Rule 83.3 of the United States District Court for this district pursuant to Local Rule 5072-1. No food, drink, cards, signs, or banners are permitted in any courtroom, except as permitted by the Court. Judge Koch allows counsel and parties to bring drinks with a lid into the Courtroom. Small snacks are also permitted, provided they are not eaten inside the Courtroom. Judge Koch expects counsel to wear business attire. Courthouse Security Court Security is governed by Local Civil Rule 83.4 of the United States District Court for this district pursuant to Local Rule 5072-2. All persons entering the Howard M. Metzenbaum U.S. Courthouse are required to pass through an electronic metal detector before gaining access to the building. 5 B. Filing without an Attorney Filing a bankruptcy case can be difficult, and debtors are strongly encouraged to seek the advice of a licensed attorney. If you can not afford an attorney, please consider reaching out to Legal Aid for consultation with an attorney (if you qualify) or to find out when and where the next Legal Aid Clinic will be. You can also consider reaching out to the Cleveland Metropolitan Bar Association to see if there are lower cost options available for you. In Chapter 13, a debtor can sometimes pay most or all of their counsel’s fees over time through the Chapter 13 plan. Individuals may represent themselves (called “pro se” parties). Pro se parties must be familiar with and adhere to all bankruptcy rules and procedures. Failure to follow the appropriate rules or procedures could result in the dismissal of the bankruptcy case, significant time addressing improper filings, or other problems. Court employees cannot provide legal advice. If you are filing without an attorney, on its website, the Court has some bankruptcy basic videos, information about filing requirements, and instructions for forms that may need to be filed. Every individual filing a bankruptcy petition without an attorney is required, at the time the petition is filed, to complete the form attached as Exhibit A to Amended Administrative Order No. 07-1, which can be found on the Court’s website under “Judges’ Info/Administrative Orders.” Use Caution – Generative Artificial Intelligence (“GenAI”) GenAI, like ChatGPT, is not a lawyer. It is a text generator, and it works by statistically predicting what the next word in a sentence should be. GenAI does not understand legal principles and how those legal principles apply to your specific case, or even if the response to your prompt is right or wrong. A pleading created by GenAI may use perfect grammar and sound good, but GenAI is known to create cases and rules that do not exist (called “hallucinations”). If your pleading has hallucinations, or unwarranted claims, defenses, objections, or causes of action, then sanctions are appropriate. By filing a pleading, or making an argument in court, Bankruptcy Rule 9011 applies to you. That means you are certifying to the court a number of things, including that what you are filing or arguing is warranted by existing law and has facts and evidence to support it. If it does not, the relief you are requesting may be denied, your case may be dismissed, you may be required to pay the fees of opposing counsel or other fees, your ability to file may be limited or revoked, or the court may impose other appropriate sanctions. See Whiting City of Athens Tennessee, No. 24-5918, 2026 WL 710568, at *4 (6th Cir. Mar. 13, 2026); United States v. Farris, No. 25-5623, 2026 WL 915082, at *3 (6th Cir. Apr. 3, 2026). 6 C. Young or New Bankruptcy Lawyers; Law Students Newer Attorneys Judge Koch encourages the active participation of newer attorneys (those with less than 7 years of bankruptcy experience) in her courtroom, particularly as to oral argument on motions where the newer attorney drafted, or contributed significantly to the drafting of, the memorandum in support or memorandum in opposition. Counsel should advise the Court and opposing counsel in advance of the hearing if a newer attorney will be participating. In her discretion, Judge Koch may allot additional argument time and/or permit more experienced counsel of record the ability to provide limited assistance to the newer attorney. Participation of new attorneys in all aspects of court proceedings is strongly encouraged. The Court emphasizes it will draw no inference from a party’s decision not to have a newer attorney argue a motion or participate during in-court proceedings. Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a newer attorney argue the motion. All attorneys, including newer attorneys, will be held to the highest professional standards concerning oral argument or other in-court participation. Relatedly, all attorneys appearing before the Court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law and to have a degree of decision-making authority commensurate with the proceeding. Appearance and Practice by Law Students Bankruptcy Local Rule 2090-1(d) states: Appearance by Law Students. The procedures applicable to appearance by law students are set forth in Local Civil Rule 83.6. For a student qualified under Local Civil Rule 83.6, the supervising attorney licensed to practice before this Court may file a motion asking for the Court’s consent to allow the student to appear as though she or he were a duly-licensed attorney and indicating that the supervising attorney will be present in Court during the student’s participation. The motion should include the student’s declaration pursuant to 28 USC § 1746 (or an affidavit) indicating compliance with Local Civil Rule 83.6 that the student (1) is enrolled in a school of law accredited by the American Bar Association or holding membership in the Association of American Law Schools, (2) has completed one-half of the credit hours required for graduation, and (3) is not receiving compensation, directly or indirectly, for participation, other than the award of academic credit by the student’s law school. Parties to the litigation shall advise the Court that they agree to the student’s participation and that full explanation has been made of the student’s status either by filing a notice on the docket or orally addressing the Court at the hearing. 7 2. In-Person Attendance at Hearings; Personal Laptops, Cell Phones, and Other Technology and Items in the Courtroom Unless otherwise ordered, attorneys and pro se parties must attend all hearings in-person. Telephone Appearances The Court will allow appearance by telephone in limited circumstances for good cause. Any party or counsel who wishes to appear by telephone must file a motion requesting leave to attend by telephone explaining the reason for the request no later than 3:00 p.m. two business days before the scheduled hearing. Please note that the general press of business is not good cause. Should the Court grant a request to appear by telephone, Chambers will issue a unique passcode to the moving party. Failure to appear may result in denial of the relief requested or other appropriate sanctions. In emergency or unforeseen circumstances, as soon as is reasonably practicable, counsel or pro se parties should contact Chambers to explain the emergency. Personal Laptops, Cell Phones, and Other Technology and Items in the Courtroom Local Bankruptcy Rule 5073-1 regarding photography, recording devices, and broadcasting is applicable and incorporates Local Civil Rule 83.1 of the United States District Court for this district. Judge Koch’s Courtroom is governed by Local Civil Rule 83.1. Counsel and parties who wish to bring any personal devices into Judge Koch’s Courtroom must be familiar with this Rule because the Howard M. Metzenbaum U.S. Courthouse is a “Federal Court facility” as defined therein. Any person bringing an electronic device into a Federal Court facility shall be determined to have consented to the provisions of Local Civil Rule 83.1, including the enforcement provisions regarding confiscation, dismissal, arrest, and contempt of Court. Please note that a violation that disrupts a judicial proceeding may be punished by summary proceedings. Counsel of record may use laptops at counsel table provided they are following the rules prohibiting photography, recording and broadcasting. Judge Koch allows all counsel to use personal devices in the Courtroom when not at counsel table, provided they are silenced, not disruptive, and Local Civil Rule 83.1 is not violated in any way. This privilege may be revoked at any time. Cell phones belonging to parties must be turned off in the Courtroom, unless there is express permission from Judge Koch that the cell phone may be turned on. Taking photographs, making audio/video recordings, and radio, television and internet broadcasting are prohibited in the Courthouse. Court staff, court security officers, and deputy marshals are authorized to seize and inspect devices suspected of being used in violation of these rules. Seized devices will not be returned until the conclusion of all proceedings at the direction of the presiding judicial officer. Violators will be subject to sanctions for contempt of court. See Order to Appear and Show Cause, United States v. Rivers, No. 25-dj-00026 (N.D. Ohio Jul. 18, 2025), Dkt. No. 1. 8 Judge Koch has several attorney and witness rooms that are available if counsel or parties need to confer or require a room from which to make a short phone call. There is wi-fi available in Judge Koch’s Courtroom. Counsel tables have power. Counsel may plug in their laptops at counsel table or at the podium. To connect to the Courtroom monitors, each have an HDMI connection (both video and audio) and a VGA connection for video with a 3.5mm audio jack. There is also a document camera at the podium. The document camera is connected to the Courtroom monitors. 9 3. Communication with Chambers Rule 9003 prohibits ex parte communications with the Court concerning matters affecting a particular case or proceeding. Ohio Rule of Professional Conduct 3.5 prohibits ex parte communications with a judicial officer or other official as to the merits of the case during the proceeding unless authorized to do so by law or court order. Judge Koch does not permit telephone calls to Chambers, absent specific circumstances detailed in these procedures. Contact with Chambers is only allowed for the express purposes set out in these procedures. Emails to Chambers are not pleadings, and do not constitute a request for relief, other than for the limited purposes of administrative items and in compliance with the emergency hearings or expedited relief procedures. Any other form of relief may only be sought in accordance with all applicable laws and rules. Any other communication with Chambers may be considered an impermissible ex parte communication. Please note that communications sent to Chambers should be sent by attorneys admitted to practice before this Court. To the extent communications are sent by paraprofessionals, such communications should be limited to such communications as are appropriate under applicable rules governing the practice of law. The attorney of record for the matter must be copied on the email. The Court may enter communications sent to Chambers on the Docket for the case that is the subject of the communication and may include the content of the communication on the Docket Calendar. 10 4. Scheduling Hearings; Requesting Adjournment Court staff will schedule hearings, unless instructed otherwise by Judge Koch. Judge Koch’s motion docket dates are posted on her website. Adjournments require advance Court approval. Parties may request an adjournment by motion filed no later than 3:00 p.m. two business days before the scheduled hearing. If all interested parties are in agreement, instead of filing a motion, the parties may email a request for an adjournment to Chambers at [email protected]. The email to Chambers must copy all interested parties known to the requesting party, and it must be received by Chambers no later than 3:00 p.m. two business days before the scheduled hearing. Any request for an adjournment, whether by motion or email, must state: i. whether or not the adjournment is agreed to by all parties seeking and opposing the relief in question; ii. the basis for the request; iii. how many previous adjournments have been sought; and iv. the period of time requested until the next hearing. Late adjournment requests will not be considered unless good cause exists for the untimely request. Whether requested by motion or email, a hearing is not adjourned until the Court orders an adjournment. If a hearing is adjourned from the current Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch’s “Docket Calendar for the Current Week” on her website is updated every 15 minutes and includes the most current Docket Calendar information. Please note: a third adjournment will generally be a final adjournment, particularly for Chapter 13 plan confirmations, unless good cause is shown why any further adjournments are necessary. This is similar to the March 10, 2006 Memorandum issued by Judge Harris regarding Changes in Chapter 13 motion dockets. Telephone calls to Chambers to request an adjournment are not permitted. 11 5. Settlements; Withdrawals A hearing may no longer be necessary if (1) all interested parties timely settle a matter or if a withdrawal is timely filed, and (2) the Court has no questions regarding the matter. Settlement/ Proposed Agreed Order. If there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved and a proposed agreed order has already been submitted to the Court no later than 3:00 p.m. two business days before the scheduled hearing, and the Court has approved and entered the agreed order, then there may be no need to hold a hearing. The hearing may be removed from the Docket Calendar. A lack of any filed objections to a motion or application does not necessarily mean there is a clear agreement between all interested parties. Withdrawal. A withdrawal must be filed no later than 3:00 p.m. two business days before the scheduled hearing, otherwise the hearing will remain on the Docket Calendar, and counsel shall be present in-person. If a hearing is removed from the Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch’s “Docket Calendar for the next Two Weeks” on her website is updated every 15 minutes and includes the most current Docket Calendar information. Telephone calls or emails to Chambers to report a settlement or withdrawal to excuse appearance at a hearing are not permitted. 12 6. Motions Practice A. Generally Motions are typically governed by Bankruptcy Rules 9013 and 9014. These rules require pleadings state with particularity the relief requested and the grounds therefore, and require the pleadings be served in the same manner as a summons and complaint under Bankruptcy Rule 7004. Most applications (e.g., to sell or use property of the estate, professional employment, Rule 9019 settlement or compromise, compensation) must be served in accordance with Bankruptcy Rule 2002. Any motion or application filed with the Court should address: • the legal issue(s); • all pertinent facts; • • all legal arguments; and • the specific relief requested. the statutory framework or other legal authority; A matter may not be properly before the Court if the motion or application does not include these requirements. 13 B. Local Bankruptcy Rule 9013-1; No Notice List LBR 9013-1 requires that motions, applications, or other pleadings seeking relief from the Court shall be accompanied by: (a) a notice to all parties in interest entitled to notice as specified by applicable Federal Rules of Bankruptcy Procedure, statute, Local Rules, and/or as the Court may order The notice of motion, application, or other pleadings seeking relief from the Court shall include a deadline by which parties in interest shall file a response or objection to the relief requested. The objection deadline shall comply with the Federal Rules of Bankruptcy Procedure, all applicable laws, Local Rules, and/or as the Court may order. No Notice List. Judge Koch published a Memorandum to the Court’s website that includes a list of motions and applications for which she does not require a LBR 9013-1 Notice. That Memorandum is also included in Appendix A. (b) a certificate of service in accordance with all applicable rules and Local Rule 9013-3 LBR 9013-3 requires that a certificate of service be signed and identify, with specificity, the document served; state the date and method of service; identify, by name and address, each entity served; and contain or refer to an accompanying notice as required by LBR 9013-1(a). The Judges of the United States Bankruptcy Court, Northern District of Ohio issued a Memorandum on October 12, 2012 which approved a standardized form of certificate of service. Judge Koch adopts that Memorandum. It can be found on the Court’s website under “Judges’ Info/Memoranda,” and it is also included in Appendix A. (c) a proposed form of order All proposed orders shall be submitted electronically using the ECF E-Orders module and must be submitted electronically at the time of filing of the motion, application or other document seeking relief from the Court. Please review the Court’s Order Submission Guidelines under the “Judges’ Info” tab on the Court’s website. For Judge Koch, court staff will schedule hearings and docket the corresponding Notice of Hearing, unless instructed otherwise by Judge Koch. Judge Koch posts her motion docket dates on her Chamber’s website. Please note: If cause is not provided in a motion (because it may not be necessary for the relief requested), then a proposed order should not include a proposed finding that good cause was shown. 14 C. Expedited Relief Should a party believe that shortened notice, with or without an expedited hearing, is required under Fed. R. Bankr. P. 9006(c), a party may request that relief by filing a motion (the “9006(c) Motion”). The Court may rule on a 9006(c) Motion without a hearing. Required Content for a 9006(c) Motion 1. 2. 3. 4. 5. a description of the relief requested; the reasons why shortened notice, with or without an expedited hearing, is requested; the identity of all parties who may be affected by the relief requested in the underlying filing or paper; the method of notification of all interested parties; and the proposed shortened notice or response period being sought and any proposed date or dates and time for any expedited hearing being sought. How To File a 9006(c) Motion 1. To file a 9006(c) Motion, please use the ECF event code “Expediting Hearing,” which is found in the “Motions/Applications” heading, even if the request is only to shorten notice without an expedited hearing. • • If the 9006(c) Motion requests both a shortened notice period and an expedited hearing, no further explanatory text is required in the filing submission. If the 9006(c) Motion requests only a shortened notice, please include text at the Docket Text Screen that will appear on the docket explaining that the request is only for a shortened notice. In addition to being filed on the Docket, a 9006(c) Motion should also be e- mailed to Chambers at [email protected], copying opposing counsel and/or parties in interest. A 9006(c) Motion does not require its own notice. See Judge Koch’s September 17, 2024 Memorandum that includes a list of motions and applications for which she does not require a LBR 9013-1 Notice. That Memorandum is also included in Appendix A. 2. 3. 15 4. 5. A 9006(c) Motion should be filed contemporaneously with the motion seeking the substantive relief in question (the “Underlying Motion”). The Underlying Motion does not require its own notice at the time the 9006(c) Motion is filed. When the 9006(c) Motion is filed, the movant must upload a proposed form of order that grants the 9006(c) Motion and includes notice language to notify parties of the Underlying Motion. Please leave blanks for the hearing date and time (if applicable), as well as response and reply deadlines, which Chambers will complete. As with any other proposed form of order, please use the ECF E-Orders module to upload the proposed form of order. Movant Is Responsible for Service The movant shall serve, by fax, e-mail, hand, or overnight delivery, the (i) 9006(c) Motion, (ii) the Underlying Motion, and (iii) the order as entered by the Court. Service shall be to all parties required to receive notice under the applicable Federal Rule of Bankruptcy Procedure and other parties as directed by the Court. The order, as entered by the Court and served by the movant, provides notice of the Underlying Motion. Certificate of Service Prior to the hearing on, or the deadline for filing objections to, the Underlying Motion, the movant shall file a certificate of service that complies with this Court’s local rules and this Court’s October 12, 2012 Memorandum, which is found on the Court’s website under “Judges’ Info/Memoranda” and separately included in Appendix A. The certificate of service should certify when, how, and to whom copies of the 9006(c) Motion, Underlying Motion, and order were served in a manner(s) reasonably calculated, under all the circumstances, to apprise interested parties of the Underlying Motion. Motion to Limit Notice If expedited service on the parties required to receive a motion or notice under the Federal Rules of Bankruptcy Procedure is impractical or cost-prohibitive, the movant may also seek to limit notice by filing a separate motion to limit notice. Unless otherwise directed, notice may be limited to the UST, the debtor, the Unsecured Creditors Committee or its counsel if applicable, or if there is no Committee, the list of 20 largest unsecured creditors, any trustee serving in the case, any party that has or claims to have an interest in the property to be affected by the Underlying Motion, and all other counsel of record. Contacting Chambers Counsel seeking emergency relief may contact Judge Koch’s Chambers to notify the Court of a matter that requires urgent attention, including the scheduling of a hearing on shortened notice. 16 D. Motions for Extension of Time Motions for the enlargement of time should cite the appropriate authority for the relief requested, including rules specific to the type of extension requested. Requesting additional time on the last day of a time period, and/or not allowing enough time for notice may result in not receiving the requested relief. For certain kinds of motions for the enlargement of time, you may wish to review Judge Koch’s Memorandum that includes a list of motions and applications for which she does not require a LBR 9013-1 Notice. That Memorandum is also included in Appendix A. For requests for additional time within which to file a complaint objecting to the discharge of a debtor, the moving party should address the factors in McDermott v. St. George (In re St. George), 2017 WL 1379321, 2017 Bankr. LEXIS 1065 (B.A.P. 6th Cir. Apr. 17, 2017). These motions will generally be set for hearing. Such requests should be timely made, allowing for the appropriate notice period, but if the elements of Bankruptcy Rule 4004(b)(2) are met, then those circumstances should be clearly stated. 17 E. Motions for Lien Avoidance and Valuation of Security All requests for relief involving lien avoidance or valuation of security shall comply with all applicable laws and rules. A motion to avoid a lien must state a prima facie case for relief, regardless of whether it is ultimately opposed. A motion to avoid a lien is a contested matter and must be served accordingly. Motions seeking the avoidance of a lien on any other collateral under 11 U.S.C. § 522(f) must include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The subsection of 11 U.S.C. § 522(f) under which the relief is requested; The name and address of the lienholders whose lien(s) are to be avoided; A statement describing the nature of the lien(s); The amount owed by the debtor with respect to each lien, including upon what debtor relies for that amount (proof of claim, most recent billing statement, other evidence of balance owed to lienholder); The date upon which each lien was perfected and its relative priority to other lien(s); The lien number or recording reference, and agency where lien was filed; The legal description of the property sufficient for identification, including, but not limited to, the full street address including city and state, permanent parcel numbers, and the county auditor’s property information printout attached as an exhibit to the motion; A statement of value of the property, and the basis for the valuation; What exemptions are impaired, and in what amount; The calculation in In re Brinley, 403 F.3d 415, 421 (6th Cir. 2005); and Any other facts which would be relevant in determining whether the motion should be granted. The United States Bankruptcy Court, Northern District of Ohio, located in Cleveland published Memoranda dated August 5, 2013 and December 1, 2016 on this topic. The August 5, 2013 Memorandum includes form orders for avoiding totally unsecured mortgage liens and judicial liens in Chapter 13 cases. Any deviation from those forms of order should be included in bold face print. Please also review section 13(M) herein for Chapter 13 matters. Judge Koch adopts those Memoranda. They can be found on the Court’s website under “Judges’ Info/Memoranda,” and they are also included in Appendix A. 18 F. Motions for Relief from the Automatic Stay Parties must be familiar with Local Rule 4001-1. Parties seeking relief from stay must use the local forms, which are available from the Clerk and also on the Court’s website. Any deviation from the standardized forms shall be explained in bold-faced type within the body of the submitted document. Any inapplicable paragraphs may not be removed, but should be marked as such. A party may deviate entirely from these revised forms for good cause, examples of which include (but are not limited to) ongoing (non-foreclosure) litigation, domestic relations matters, administrative proceedings, or to effect an offset of prepetition debt. G. Affidavits of Default Lifting the Automatic Stay The long-standing practice in this Court has been to permit the parties to enter into agreements, following debtor’s failure to maintain payments to secured creditors and the filing of a motion to lift the automatic stay, to keep the stay in place so long as payments are brought current and maintained. If the debtor defaults, the creditor then has the right to lift the stay by filing an affidavit of default. All such affidavits should (a) identify the dates of the missing payments, rather than simply stating that the debtor is in default, and (b) be signed by the creditor who has reviewed the records and made the default determination based on personal knowledge. H. Motion to Reopen To File a Reaffirmation Agreement A reaffirmation agreement must be “made before the granting of the discharge[.]” 11 U.S.C. § 524(c)(1). If the discharge may be entered before the parties have completed a reaffirmation agreement, the parties may consider filing a motion to delay the discharge for a specific period of days that suits the particular situation. A notice pursuant to Local Bankruptcy Rule 9013-1 is not required. You may wish to review Bankruptcy Rules 4004 and 4008, as well as Judge Koch’s Memorandum that includes a list of motions and applications for which she does not require a LBR 9013-1 Notice. That Memorandum is also included in Appendix A. Judge Koch will not reopen a case to allow the parties to file a reaffirmation agreement that was made after the discharge was entered. In that case, reopening the case would not provide any relief to the debtor because the proposed reaffirmation agreement is ineffective. I. Chapter 7 Trustee Fee Deferral To Sell Property of the Estate Free and Clear of Liens under 11 U.S.C. § 363(f) The United States Bankruptcy Court, Northern District of Ohio, located in Cleveland published a Memorandum dated November 26, 2013 that permits a Chapter 7 Trustee, upon application to the Court, to request deferment of payment of the filing fee for a motion to sell property of the estate free and clear of liens until such time as the sale is completed. Judge Koch adopts this Memorandum. It can be found on the Court’s website under “Judges’ Info/Memoranda,” and it is also included in Appendix A. 19 J. Paying Filing Fees by Installment under Rule 1006(b) Upon application to pay filing fees in installments, the Court may order payment of the entire filing fee or may order the debtor to pay in installments, the amount of each installment, and the payment dates. Rule 1006(b) provides that all payments must be made within 120 days after the petition is filed. Given the Court’s discretion to order payment of filing fees in installments, it is Judge Koch’s general practice to order that all payments be made within 90 days after the petition is filed. 20 7. Adversary Proceedings A. Initial Pretrial Conference An Initial Pretrial Conference shall be scheduled after an answer or other responsive pleading is filed. The parties must confer as soon as practicable to discuss the case and prepare the proposed discovery plan pursuant to Federal Rule of Civil Procedure 26(f). A Report of the Parties’ Planning Meeting shall be filed with the Court promptly after the Parties’ Planning Meeting and at least 3 business days before the Initial Pretrial Conference. The Report of the Parties’ Planning Meeting shall also include a statement addressing consent to entry of a final judgment or order by this Court. B. Initial Disclosures The Court strongly prefers that the parties exchange initial disclosures at least 7 days before the Parties’ Planning Meeting to facilitate discussions. The parties shall provide initial disclosures to the other parties specified by Federal Rule of Civil Procedure 26(a)(1) without awaiting a discovery request, unless (i) one of the Rule 26(a)(1)(B) exceptions applies, or (ii) a party objects during the Parties’ Planning Meeting and states that objection in the Report of the Parties’ Planning Meeting. C. Stipulations Due at Close of Discovery At the end of discovery, the Court requires counsel to file jointly a list of all facts and legal conclusions that are not in dispute that can be the subject of stipulations, including identifying all documents either party intends to introduce as an exhibit and to which the parties agree are authentic. These stipulations are due 14 days after the close of discovery. D. Dispositive Motions Unless otherwise ordered, dispositive motions may be filed at any time until 30 days after the close of all discovery, any responses in opposition to dispositive motions shall be filed within 21 days, and any replies to responses in opposition shall be filed within 7 days. Dispositive motions shall be decided without oral argument unless a hearing is scheduled by this Court. E. Motions in Limine Motions in Limine and other motions relating to the conduct of the trial must be filed and served not later than 7 days before trial. 21 F. Trial Brief At least 7 business days before trial, the parties shall file and serve a trial brief. The brief shall contain: i. ii. iii. iv. v. a general statement of the case; Proposed Findings of Fact: a list of the fact issues to be determined at trial with reference to the burden of proof and a short discussion of evidence to be offered, and proposed findings of fact shall cite the particular witness(es) or exhibit(s) upon which each suggested finding is based; Proposed Conclusions of Law: a list of the issues of law to be determined with citations to authority referencing the legal standard and the elements of any claims or affirmative defenses, and proposed conclusions of law shall cite legal authority; a summary of any non-monetary or monetary relief sought, including injunctive relief, determination of dischargeability, allowance of a claim, secured status, costs, fees, etc. and the basis of any relief sought; an itemized statement of damages, in cases in which damages are relevant (if the parties agree on damages, they shall submit a stipulated statement of the damages; if the parties do not agree on damages, each party shall submit an itemized statement of damages); and vi. a statement of any evidentiary or procedural problem expected to arise, with citations to authority. 22 G. Adversary Proceedings To Deny or Revoke a Debtor’s Discharge Prior to filing an adversary proceeding to deny or revoke a Debtor’s discharge for failure to comply with Trustee requests (i.e., turnover of estate property or compliance with requests for information), a Chapter 7 Trustee must file a motion for an order to show cause in the main bankruptcy case. This motion should clearly explain to the Court how the Debtor has failed to comply with a prior Court Order. These motions will be set for hearing. If the compliance issue is not resolved during the contempt process, the Trustee may then file an adversary proceeding to deny or revoke the Debtor’s discharge. This procedure is the same as Administrative Order 22-03, issued by Judge Price Smith, which can be found on the Court’s website under “Judges’ Info/Administrative Orders.” 23 8. Discovery Disputes In the event there is a discovery dispute, parties must personally consult with one another and sincerely attempt to resolve any discovery dispute. It shall be the responsibility of counsel for the party seeking discovery to initiate such personal consultation. If the parties are unable to reach an accord, pursuant to Local Rule 7026-1, any motion to compel discovery, a motion for protective order, or another motion relating to disclosure or discovery, shall be accompanied by a supporting memorandum and affidavit reciting those matters which remain in dispute, and, the date, time, and place of the personal consultation, as well as the names of all parties participating therein. In the case of a failure to answer a question at a deposition (including a claimed evasive or incomplete answer), the required personal consultation may take place at the deposition at which the alleged failure to answer occurs. Responses in opposition to any motion filed pursuant to these procedures shall be filed within 7 days of the filing of any discovery dispute motion. Unless otherwise ordered by the Court, no discovery dispute shall be brought to the attention of the Court, and no motion to compel may be filed, more than 14 days after the discovery cut- off. Federal Rule of Civil Procedure 37 is made applicable to proceedings in this Court by Federal Rule of Bankruptcy Procedure 7037. 24 9. Applications for Compensation A. Guidelines for Compensation and Expense Reimbursement of Professionals The Court has published Guidelines on its website under the “Attorney Info” tab that govern applications for compensation and expense reimbursement. The Guidelines cover the narrative portions of applications, time records, and expenses. Except as otherwise provided, the Guidelines apply to professionals generally including lawyers, accountants, appraisers, auctioneers, financial advisors and consultants unless, for cause shown, modifications are made at the time a professional is employed. B. Notice Provision Required for Applications To Employ Professionals and Applications for Compensation; Applications To Retain Counsel in Chapter 7 Cases for Relief from the Automatic Stay The United States Bankruptcy Court, Northern District of Ohio, Cleveland, published Memoranda dated November 30, 2011 and November 10, 2014, and Judge Koch adopted these Memoranda. They can be found on the Court’s website under “Judges’ Info/Memoranda,” and they are also included in Appendix A. Judge Koch requires the Notice as provided in the November 30, 2011 Memorandum. In Chapter 7 Trustees’ applications to retain counsel to recover money for the estate should include: 1. 2. 3. 4. the legal action that the trustee anticipates taking, linked to a specific asset; the value of the asset that the trustee anticipates recovering, estimated if necessary; the manner in which the trustee arrived at the valuation; and an estimate of the amount of legal fees to be incurred in recovering the asset, including the hourly rate for each professional who will be working on the matter. 25 10. [reserved] 26 11. Chapter 11 This section does not apply to cases under the Small Business Reorganization Act of 2019 (new Subchapter V of Ch. 11), eff. February 19, 2020. Parties wishing to schedule first day hearings in Chapter 11 cases should contact Chambers on the date of filing to discuss scheduling of the hearing. Two copies of first day motions should be provided to Chambers in advance of the hearing, after the case is commenced. It is expected that Debtor’s counsel will have consulted with the United States Trustee regarding all relief to be requested at the First Day Hearing. Shortly after the commencement of any case filed under Chapter 11 of the Code, the Court will issue an Order and Notice of Chapter 11 Status Conference. The debtor-in-possession will be required to prepare and file a Status Conference Statement no fewer than 7 days prior to the status conference. The purposes of the Chapter 11 status conference are to: i. review the financial, business or other problems that prompted the filing of a petition for relief; ii. understand the debtor’s assets and liabilities; and iii. understand the debtor’s strategy for exiting Chapter 11. Counsel should expect that the Court will generally set deadlines at the Chapter 11 status conference, including deadlines for filing and confirming a plan. At least 7 days prior to any subsequent status conference, the debtor-in-possession or any Chapter 11 trustee appointed in the case shall file an updated Status Conference Statement that simply advises the court of any material developments in the case. Judge Koch expects strict compliance with the Code and Rules. In particular, failure to comply with the following requirements could lead to conversion or dismissal of the case: i. ii. iii. iv. Attendance at the meeting of creditors pursuant to Code section 341(a); Use of Cash Collateral. Code section 363(c)(2) prohibits the use of cash collateral unless the debtor has either the prior consent of each creditor having an interest in the cash collateral or an order from the Court; Transactions outside the ordinary course of business. Code section 363(b)(1) requires notice and a hearing prior to engaging in any such transactions; Postpetition taxes. The Court expects all postpetition taxes to be timely paid and all required tax returns timely filed; 27 v. vi. File Monthly Operating Reports; and Quarterly United States Trustee fees. 28 U.S.C. § 1930(a)(6) requires a quarterly fee to be paid to the United States Trustee. The amount of the fee will depend upon the amount of disbursements made by the debtor during each quarter. 28 12. [reserved] 29 13. Chapter 13 A. Administrative Orders related to Chapter 13 in Cleveland Judge Koch has issued Third Amended Administrative Order 25-01 – Order Governing Procedure for Allowance of Attorney’s Fees in Chapter 13 Cases Filed on or after March 1, 2025. Judge Koch’s Administrative Order 23-04, entered on October 18, 2023, continued the following Administrative Orders: 1. 2. 3. 4. 5. 6. 7. 8. Administrative Order 21-1 – PostPetition Vehicle Financing in Chapter 13 Cases in the Canton and Cleveland Court Locations; Administrative Order 17-05 – Order Governing Adequate Protection Payments; Administrative Order 17-04 – Order Governing Conduit Mortgage Payments in Chapter 13 Cases; Administrative Order 17-03 – Order Generally Mandating Wage Orders in Chapter 13 Cases; Administrative Order 17-02 – Order Adopting a Common Formula for a Presumptive Interest Rate in Chapter 13 Cases for Claims Secured by a Security Interest in Debtor’s Personal Property; Second Amended Administrative Order 07-02 – Order Governing Procedure for Allowance of Attorney’s Fees in Chapter 13 Cases Filed on or after June 1, 2007 [and before March 1, 2025]; Amended Administrative Order 06-6 – Changing Procedure for Submission of Confirmation Orders in Chapter 13 Cases and Vacating Administrative Order No. 98-3; and Second Amended Administrative Order 98-1 – Administration of Chapter 13 Cases Filed in Cleveland. All of the Court’s Administrative Orders can be found on the Court’s website under “Judges’ Info/Administrative Orders.” The Court has also issued various Memoranda related to Chapter 13 in Cleveland. Judge Koch adopts those Memoranda. They can be found on the Court’s website under “Judges’ Info/Memoranda,” and they are also included in Appendix A. 30 B. Form Chapter 13 Plan in Cleveland The United States Bankruptcy Court, Northern District of Ohio, located in Cleveland published Memoranda dated January 17, 2018 and February 8, 2019, adopting a form confirmation order for Chapter 13 cases filed in Cleveland. These Memoranda relate to Amended Administrative Order 06-6. Judge Koch adopts these Memoranda. They can be found on the Court’s website under “Judges’ Info/Memoranda,” and they are also included in Appendix A. The Chapter 13 Trustee has instructions on how to complete the form plan on the Chapter 13 Trustee’s website that are specific to Cleveland. For example: • • • • In Cleveland, a proof of claim must be filed in order for a creditor to be paid under the plan. The Debtor may need to file the claim. In Cleveland, a wage order is still required for wage earners, therefore, a majority of cases will check the payroll deduction box in part 2. In Cleveland, tax refunds are addressed in the Confirmation Order, therefore, the Trustee requests that Part 2.3 reference the Confirmation Order. In Cleveland, only the first and second boxes in part 5 are to be checked and filled out (not a pot plan), any other boxes completed will be subject to objection by the Trustee. The debtors are responsible for serving copies of the Chapter 13 plan on all creditors under Rule 3015(d) if the plan is not included with the Clerk’s notice of the hearing on confirmation mailed under Rule 2002. Regardless whether the clerk has served the Chapter 13 plan on some or all of the debtors’ creditors by mail or by any other means, the debtors and their attorneys are responsible for ensuring that creditors whose claims are subject to valuation or lien avoidance under Rules 3012 and 4003 are served with the Chapter 13 plan in the manner provided by Rule 7004 for service of a summons and complaint. Insured depository institutions must be served by certified mail addressed to an officer of the institution under Rule 7004(h), and corporations must be served by mailing a copy to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process under Rule 7004(b)(3). Service of Chapter 13 plans in the manner provided by Rule 7004 for service of a summons and complaint is the responsibility of the debtors and their attorneys, and not the responsibility of the clerk. This responsibility extends to any proposed modified plan through which the debtors seek to value certain secured claims or avoid certain liens. The debtors shall append a certificate of service that includes the date and method of service and the identity by name and address of each entity served, consistent with Local Bankruptcy Rule 9013-3. 31 C. Pre-Confirmation Modifications 11 U.S.C. § 1323 addresses pre-confirmation plan modifications. A modified plan, filed prior to confirmation, shall clearly show any changes from the prior plan by highlighting the changes in a conspicuous manner. A pre-confirmation modified plan shall be served in accordance with Federal Rules of Bankruptcy Procedure 2002 and 3015. Copies of the modified plan, served on creditors and parties in interest, shall also include conspicuous highlighting of the changes. If a timely objection to confirmation of the modified plan is filed by the objection deadline included in the notice pursuant to Federal Rule of Bankruptcy Procedure 3015(f), the confirmation hearing may be rescheduled. If a plan is filed pursuant to 11 U.S.C. § 1323 in advance of a previously-scheduled confirmation hearing, counsel or parties may request an adjournment of that confirmation hearing due to the filing of the pre-confirmation modified plan. Please use Judge Koch’s adjournment procedures. Motions filed requesting that a pre-confirmation plan be modified shall be denied as moot. A pre-confirmation modification of a proposed plan that does not materially and adversely affect any party in interest may be incorporated in the proposed order confirming the plan. The parties or counsel should be prepared to explain the modification at the confirmation hearing. A pre-confirmation modification of a proposed plan that does materially and adversely affect any party in interest may be incorporated in the proposed order confirming the plan if the adversely affected party has executed the proposed order or the parties have filed a stipulation or agreed order; otherwise, the debtor must serve a copy of the modified plan on all creditors and parties in interest (Bankruptcy Rule 7004) and file a certificate of service (Local Bankruptcy Rule 9013-3). Any required amended schedules necessary for confirmation must be filed prior to or contemporaneously with the modified plan. 32 D. Confirmation Hearings; Funding Delinquencies Chapter 13 confirmation hearings will be called and held pursuant to 11 U.S.C. § 1324(a). Funding Delinquencies If a case is at least one month delinquent in funding at the confirmation hearing, the case will be dismissed for lack of funding, and no adjournment will be allowed. This is similar to the March 10, 2006 Memorandum issued by Judge Harris regarding Changes in Chapter 13 motion dockets. 33 E. Post-Confirmation Modifications 11 U.S.C. § 1329 addresses post-confirmation plan modifications. A plan modification proposed after confirmation (1) shall be made by motion, must be filed with the Court and served in accordance with Federal Rules of Bankruptcy Procedure; and (2) the modified plan shall be attached. The motion seeking modification of the plan shall include: i. ii. iii. iv. v. A particular reference to the provisions of the confirmed plan that are being modified, including any proposed percentage to be paid to unsecured creditors and the approximate number of months required to complete the proposed modified plan; The extent to which the proposed modification affects the rights of creditors or other parties in interest; If a motion to modify the plan proposes to decrease the dividend to unsecured creditors or to extend the length of the plan, the reason for the modification, including any change in circumstances since confirmation; If the motion to modify proposes to change the amount of each periodic payment to the plan and income or expenses has changed, then an amended Schedule I: Your Income and Schedule J: Your Expenses should also be filed; and The modified plan shall have the upper right-hand box checked on the first page and shall list the sections of the plan that have been changed. Post-confirmation motions require, like every other motion or application, that the relief requested be stated with particularity and include the grounds therefore, including the pertinent facts, statutory framework, or other legal authority or argument. Please cite the statute, rule, or other legal authority for the requested relief. A Notice is also required, but you may wish to review Judge Koch’s Memorandum that includes a list of motions and applications for which she does not require a LBR 9013-1 Notice. That Memorandum is also included in Appendix A. Additionally, when creditors are not adversely affected, a party may move to excuse service and notice of a post-confirmation modification and the objection deadline pursuant to Federal Rule of Bankruptcy Procedure 3015(h). Please also use the Court’s standard form of Certificate of Service. You may refer to the Court’s 2012 Memorandum for the Court’s standardized form of Certificate of Service. A copy of the 2012 Memorandum is included in Appendix A and is also published on the Court’s website under “Judges’ Info/Memoranda.” 34 F. Specific Post-Confirmation Motions: Motions To Sell Real Estate Motions to Sell Real Estate are governed by the Second Amended Administrative Order 98-1 – Administration of Chapter 13 Cases Filed in Cleveland, as continued by Judge Koch’s Administrative Order 23-04. A Motion To Sell Real Estate should include: i. ii. iii. iv. v. vi. The proposed contract of sale; The reason for the proposed sale; If the real estate is debtor’s residence, an explanation of where debtor intends to reside following the sale; A statement as to any connection between debtor and the proposed buyer, or an affirmative representation that there is no such connection; A settlement statement or disbursement schedule detailing the proposed distribution of funds; and If the proposed sale is greater than the value of the real estate as listed in debtor’s schedules, an explanation of the discrepancy. Additionally, Judge Koch requires: i. ii. a comparison of the existing cost to the debtor compared to the new cost; and explanation of how any additional cost will be covered by the debtor. 35 G. Specific Post-Confirmation Motions: Motions To Incur New Debt To Buy Real Estate Motions To Incur New Debt are governed by the Second Amended Administrative Order 98-1 – Administration of Chapter 13 Cases Filed in Cleveland, as continued by Judge Koch’s Administrative Order 23-04. Motions To Incur New Debt To Buy Real Estate should include: i. ii. iii. iv. v. vi. The proposed purchase contract; The Truth-in-Lending Disclosure Statement; The Good Faith Estimate of Closing Costs; A statement of the basic terms: i.e., amount to be borrowed, number of years, down payment (including the source of the funds), interest rate, and points to be paid; The reason for the proposed purchase; A comparison of debtor’s existing housing costs to the anticipated new housing costs, including a utility and insurance analysis. If the proposed new housing cost is: (a) higher than debtor’s existing housing cost: an explanation of how debtor intends to handle the additional cost; lower than debtor’s existing housing cost: an explanation of how debtor intends to apply the additional disposable income. (b) vii. A statement as to any connection between debtor and the proposed seller, or an affirmative representation that there is no such connection. An Amended Budget (Amended Schedules I and J) should also be filed in support of Motion, if applicable. The Chapter 13 Trustee has a form motion to purchase real estate, among others, published on the Chapter 13 Trustee’s website under the “Library” tab. 36 H. Specific Post-Confirmation Motions: Motions To Incur New Debt To Refinance Real Estate Motions To Incur New Debt are governed by the Second Amended Administrative Order 98-1 – Administration of Chapter 13 Cases Filed in Cleveland, as continued by Judge Koch’s Administrative Order 23-04. Motions To Incur New Debt To Refinance Real Estate should include: i. ii. iii. iv. v. vi. The proposed contract; The Truth-in-Lending Disclosure Statement; The Good Faith Estimate of Closing Costs; A statement of the basic terms: i.e., amount to be borrowed, number of years, interest rate, and points to be paid; The reason for the proposed refinancing; A Settlement Statement or Disbursement Schedule detailing how the funds sought to be borrowed will be distributed; vii. A comparison of debtor’s existing mortgage costs to the anticipated new costs. If the anticipated new cost is: (a) higher than debtor’s existing cost: an explanation of how debtor intends to cover the additional cost; lower than debtor’s existing cost: an explanation of how debtor intends to apply the additional disposable income; viii. A statement as to any connection between debtor and the lender, or an (b) ix. affirmative representation that there is no such connection; If the refinancing includes amounts for repair to the real estate, a detailed statement of each such repair and the estimated cost of the repair, including debtor’s basis for arriving at that estimated cost. An Amended Budget (Amended Schedules I and J) should also be filed in support of Motion, if applicable. The Chapter 13 Trustee has a form motion for authority to modify a mortgage loan, among others, published on the Chapter 13 Trustee’s website under the “Library” tab. 37 I. Specific Post-Confirmation Motions: Motions To Incur New Debt To Lease/Purchase Vehicle Motions To Incur New Debt are governed by the Second Amended Administrative Order 98-1 – Administration of Chapter 13 Cases Filed in Cleveland, as continued by Judge Koch’s Administrative Order 23-04. Motions To Incur New Debt to Lease/Purchase Vehicle should include: i. ii. iii. iv. The proposed contract; A statement of the basic terms: i.e., amount to be borrowed, loan/lease term, down payment (including source of the funds), and interest rate; The reason for the proposed lease/purchase; A comparison of debtor’s existing transportation costs to the anticipated new costs. If the anticipated new cost is: (a) higher than debtor’s existing cost: an explanation of how debtor intends to cover the additional cost; lower than debtor’s existing cost: an explanation of how debtor intends to apply the additional disposable income; (b) v. A statement as to any connection between debtor and the lender/lessor, or an affirmative representation that there is no such connection. An Amended Budget (Amended Schedules I and J) should also be filed in support of Motion, if applicable. Motions to Lease/Purchase Vehicles are also governed by Administrative Order 21-1 – Administration of Chapter 13 Cases Filed in Cleveland, as continued by Judge Koch’s Administrative Order 23-04. The Chapter 13 Trustee has a form motion to incur debt to purchase a vehicle (including a request for approval letter and request for shopping letter), among others, published on the Chapter 13 Trustee’s website under the “Library” tab. 38 J. Motion for Plan Payment Moratorium A Motion for a Plan Payment Moratorium is a motion to modify a plan pursuant to 11 U.S.C. § 1329. As such, §§ 1322(a), 1322(b), 1323(c) and 1325(a) apply. A motion to modify a plan may be approved if it reduces total distributions to creditors, provided it meets the requirements of the Bankruptcy Code. The motion should be accompanied by an amended plan and served appropriately. In the case of, for example, reduced employment, health issues, or unexpected expenses, a debtor’s request to suspend plan payments should explain: The reason why the debtor needs to suspend plan payments; The duration of the time period requested for the suspension of plan payments; i. ii. iii. When the time period begins and when it ends; iv. Whether the plan payment is (a) (b) Suspended in its entirety; or The amount to which the plan payment is lowered; v. How the debtor plans to reconcile the difference to creditors by providing for an increase to future payments into the plan or, if the debtor cannot reconcile the difference, then including evidence of debtor’s good faith and clearly stating that the difference to creditors will not be paid; vi. Whether, in the case of a mortgage conduit plan, the Chapter 13 Trustee shall continue or discontinue making the conduit mortgage payment for the duration of the requested time period; and vii. Whether the Chapter 13 Trustee is to return any funds received from or on behalf of the debtor during the requested time period. While not required, attaching the debtor’s current budget (Amended Schedules I and J) would provide support for the motion to suspend plan payments. 39 K. Motions To Absorb Plan Payments Motions To Absorb Plan Payments are disfavored as not supported by Title 11. If plan payments have not been made, and the debtor’s request is that those plan payments be forgiven such that creditors will be receiving less, then a motion to modify the plan should be filed along with a modified plan. Such motions should explain how many payments have been missed and the amount of each payment. The Chapter 13 Trustee also has sample delinquency language that may be used in Part 8.1 of the plan, depending on the nature of the delinquency, and that is published on the Chapter 13 Trustee’s website under the “Library” tab. L. Interlineations Judge Koch disfavors interlineations in plans as difficult to read when handwritten or unclear as to what is being modified when typed. Please note - when creditors are not adversely affected, a party may move to excuse service and notice of a post-confirmation modification and the objection deadline pursuant to Federal Rule of Bankruptcy Procedure 3015(h). M. Motions To Reinstate Chapter 13 Cases By the time of the hearing on the motion, the debtor must establish that funds are on hand to cure payment defaults and that appropriate actions have been instituted to cure any other condition which led to dismissal. Any such motion failing to meet these criteria may be denied with prejudice. Motions which meet the stated criteria and are filed within 30 days after entry of the dismissal order will ordinarily be granted absent an objection. Motions to reinstate for the purpose of conversion to Chapter 7 filed within such 30-day period and noticed with an appropriate objection clause and served as required by law will be granted without an actual hearing if no objection is filed. Such motions should include the debtor’s notice of conversion under § 1307 of the Bankruptcy Code. Generally, if more than 30 days after entry of the dismissal order has passed, the debtor must state specifically the grounds for modifying or revoking the dismissal order under Bankruptcy Rule 9024 (F.R. Civ. P. 60(b and move to reopen the case. This is similar to the March 10, 2006 Memorandum issued by Judge Harris regarding Changes in Chapter 13 motion dockets. 40 N. Motions To Avoid Liens in Chapter 13 The United States Bankruptcy Court, Northern District of Ohio, located in Cleveland published Memoranda dated August 5, 2013 and December 1, 2016 related to this topic. The August 5, 2013 Memorandum includes form orders for avoiding totally unsecured mortgage liens and judicial liens in Chapter 13 cases. Any deviation from those forms of order should be included in bold face print. Judge Koch adopts those Memoranda. They can be found on the Court’s website under “Judges’ Info/Memoranda,” and they are also included in Appendix A. Please see section 6(D) above for additional information and Judge Koch’s criteria for this kind of relief. O. Special Counsel in Chapter 13 A Chapter 13 debtor may employ special counsel for a personal injury, workers’ compensation, or other claim or reason so long as the following two requirements are met: 1. 2. compensation paid or agreed to be paid is disclosed pursuant to 11 U.S.C. § 329 and Bankruptcy Rule 2016(b); and post-petition payments from property of the estate are approved pursuant to 11 U.S.C. § 330(a)(4)(B), the factors in 11 U.S.C. § 330(a)(3), and Bankruptcy Rule 2016(a). Please note that 11 U.S.C. § 504 and Bankruptcy Rules 2017 and 5002 also apply. Bankruptcy Rule 9019: a Chapter 13 debtor is not required to file a motion to approve settlement or compromise under Bankruptcy Rule 9019. In re Revels, 616 B.R. 675, 682 (Bankr. E.D.N.C. 2020). Settlements for personal injury, workers’ compensation, or other claims is generally not in a Chapter 13 debtor’s ordinary course of business, and 11 U.S.C. § 363(b) allows a debtor to use property of the estate other than in the ordinary course of business after notice and a hearing. A Chapter 13 debtor may modify a plan before confirmation pursuant to 11 U.S.C. § 1323 and after confirmation pursuant to 11 U.S.C. § 1329. Pursuant to the Cleveland form of confirmation order, a Chapter 13 debtor may not incur additional debt exceeding $1,000 without notice to the Chapter 13 Trustee and approval of the Court. Additionally, compensation for debtor’s counsel is addressed in the form of confirmation order. 41 14. Common Deficiencies i. “Motion does not contain statutory citation/rule reference. Corrective action required by [date certain].” Please file an amended motion or application in compliance with Bankruptcy Rule 9013. Depending on the nature of the relief, you may wish to consider whether a supplement is appropriate. For example, if a motion for additional time within which to file any items listed in Bankruptcy Rule 1007(b)(1) does not include the proper rule reference for that relief, a supplement citing to the proper rule may be appropriate. “Notice of Motion not filed. Corrective action required by [date certain].” Please file an appropriate Notice. “Improper response deadline. Corrective action required by [date certain].” Please file an Amended Notice with the appropriate response time period. “Creditor(s) listed in section 3.2 and/or 3.4 of the Chapter 13 Plan must be served in compliance with Bankruptcy Rules 3012(b), 4003(d), and/or 7004.” It appears to the Court as though creditors were not properly served. Please confirm what kind of service is required and file a Certificate of Service that clearly indicates which parties were served and how and when they were served. “Certificate of Service does not indicate email addresses of parties served” or “COS does not specify parties being served by email.” Please refer to the Court’s 2012 Memorandum for the Court’s standardized form of Certificate of Service. A copy of the 2012 Memorandum is included in Appendix A and is also published on the Court’s website under “Judges’ Info/Memoranda.” “Please upload order” or “Proposed Order includes finding of good cause, but no cause is provided in the motion.” Judge Koch requires a form of proposed order be uploaded at the time a motion or application is filed using the ECF E-Orders module. If cause is not needed in a request for relief, a proposed form of order should not include a finding of good cause shown. “Schedules due on or before [date certain].” It appears to the Court that during an initial filing, not all documents were filed. To avoid this deficiency when filing an incomplete new case, you may indicate which documents are not being filed at that time so that due date may populate on the ECF docket entry. ii. iii. iv. v. vi. vii. viii. “Official Form B423 must be filed by [date certain], or the case may be closed without the discharge order.” Please timely file the Certification About a Financial Management Course. 42

=== Appendix A to Judge Koch's General Practices and Procedures: Court Memoranda 2026 ===

Appendix A: Court Memoranda Adopted by Judge Koch November 30, 2011 Notice Provision Required for Applications to Employ Professionals and Applications for Compensation Filed on or after December 1, 2011 October 12, 2012 Serving Documents in Compliance with Local Bankruptcy Rule 9013-3 August 5, 2013 Proposed Orders on Motions for Avoiding Unsecured Mortgage Liens and Judicial Liens November 26, 2013 New Fee Effective 12/1/13, To Sell Property of the Estate Free & Clear of Liens under 11 USC § 363(f) November 10, 2014 Change in Procedure for Applications to Retain Counsel in Chapter 7 Cases December 1, 2016 Procedures for Avoiding Liens in Chapter 13 Cases January 17, 2018 New Confirmation Order for Chapter 13 Cases Filed On or After December 1, 2017 February 8, 2019 Modification of Confirmation Order for Chapter 13 cases Filed on or after December 1, 2017 January 2, 2024 In-Person Hearings September 17, 2024 Motions that Do Not Require a Notice Pursuant to LBR 9013-1 Dated November 30, 2011 Notice Provision Required for Applications to Employ Professionals and Applications for Compensation Filed on or after December 1, 2011 MEMORANDUM Date: November 30, 2011 To: All counsel and parties appearing before Judges Pat E. Morgenstern-Clarren, Arthur I. Harris, and Jessica E. Price Smith From: Judges Morgenstern-Clanen, Harris, and Price Smith Re: Notice Provision Required for Applications to Employ Professionals and Applications for Compensation Filed on or after December 1, 2011 Effective December 1, 2011, we will require all applications to employ professionals and all applications for compensation to include a notice provision consistent with Local Bankruptcy Rule 9013-1. Previously, it had been a common practice to hold an application for 14 days and see if a timely objection was filed, without insisting that the application itself include a notice indicating the deadline for filing any objection. This new practice is intended to make our procedures consistent with Local Bankruptcy Rule 9013-1. The following is an example of an acceptable notice provision: NOTICE Pursuant to Local Bankruptcy Rule 9013-1, any objection to this application must be filed within 14 days from the date of service as set forth on the ce1iificate of service. Ifno response or objection is timely filed, the Comi is authorized to grant the relief requested without fmiher notice. Dated October 12, 2012 Serving Documents in Compliance with Local Bankruptcy Rule 9013-3 MEMORANDUM TO: FROM: All Attorneys Practicing in the United States Bankruptcy Court, Northern District of Ohio Chief Judge Pat E. Morgenstern-Clarren, Judge Richard L. Speer, Judge Marilyn Shea-Stonum, Judge Russ Kendig, Judge Mary Ann Whipple, Judge Arthur I. Harris, Judge Kay Woods, Judge Jessica E. Price Smith RE: Serving Documents in Compliance with Local Bankruptcy Rule 9013-3 Date: October 12, 2012 **************************************************************************** As we all know, procedural due process principles of notice and the opportunity to be heard before an impartial tribunal are the cornerstones of our judicial system. In order to safeguard these fundamental rights, notice must include, among other things, information sufficient to appropriately identify the method of service and contact information for all necessary parties. Documents filed in this district must contain a certificate of service that complies with Local Bankruptcy Rule 9013-3. We have found, however, that the certificates of service submitted with motions and applications do not always contain the required information. For example, some certificates do not specify the parties served by email, as opposed to the parties served by regular mail; and some certificates do not indicate the email address or the physical address used by the party serving the document. To remedy this situation, the judges of this court have now approved the following standardized certificate of service, which will be deemed acceptable for filing in all five of the court's divisional offices: CERTIFICATE OF SERVICE I certify that on <date>, a true and correct copy of the <title of document> was served: Via the court's Electronic Case Filing System on these entities and individuals who are listed on the court's Electronic Mail Notice List: <name>, on behalf of <client>, at <email address> And by regular U.S. mail, postage prepaid, on: <name>, on behalf of <client>, at <address> s/ <Attorney> <Attorney and Bar Number> <Address> <Telephone #> <Email address> This standardized form certificate of service does not apply to the complaint or summons in adversary proceedings, governed by FED. R. BANKR. P. 7004, et seq. See attached Exhibit A for an example of a completed certificate of service that meets the requirements of Local Bankruptcy Rule 9013-3. The clerk of this court shall serve a copy of this memorandum by email to all ECF registered attorneys and trustees whose proper email addresses are listed in the Court's ECF email address book In addition, the clerk of this court shall post this memorandum on the court's website at www.ohnb.uscourts.gov. We hope that this will help all attorneys to comply with the obligation to provide appropriate notice and an opportunity to be heard. EXHIBIT A CERTIFICATE OF SERVICE I certify that on September 24, 2012, a true and correct copy of First Bank's Motion for Relief from Stay was served: Via the Court's Electronic Case Filing System on these entities and individuals who are listed on the Court's Electronic Mail Notice List: Jane Smith, on behalf of Henry Homeowner, debtor, at [email protected] Bob Brown, on behalf of Second Bank at [email protected] Alice Attorney, on behalf of the Chapter 13 Trustee's office at atty. trustee@chapter 13 .com And by regular U.S. mail, postage prepaid, on: Henry Homeowner, at 1234 Pleasant Road, Cleveland, OH 44114 Constance Creditor, on behalf of ABC Credit Co., at 4321 Owing Drive, Cleveland, OH 44114 s/ Andrew Attorney Andrew Attorney, Bar Number 0012345 16 Oak Street Canton, OH 44702 (330) 321-0000 [email protected] Dated August 5, 2013 Proposed Orders on Motions for Avoiding Unsecured Mortgage Liens and Judicial Liens MEMORANDUM Date: 5 August 2013 To: All counsel and parties appearing before Judges Pat E. Morgenstern-ClarI"en, Arthur I. HatTis, and Jessica E. Price Smith From: Judges Morgenstern-Clarren, Harris, and Price Smith Re: Orders avoiding totally unsecured mo1igage liens in Chapter 13 cases under the authority of In re Lane, 280 F.3d 663 (6th Cir. 2002), and orders avoiding judicial liens under§ 522(f) In response to a request made at the town hall meeting in May 2013, the three bankruptcy judges in Cleveland have agreed to uniform language for ( 1) orders stripping totally unsecured mortgage liens in Chapter 13 cases, and (2) orders avoiding judicial liens under 11 U.S.C. § 522(f). The language in the two accompanying form orders will be acceptable for all cases pending before the bankruptcy judges in Cleveland, Should paiiies seek entry of an order that deviates from the language in these two form orders, they should explain in their motion (in bold face print) why the deviation is justified. We hope that this change will assist attorneys in drafting proposed orders that can be entered without revision, thus saving time for both the attorneys and the court. Thank you for your anticipated cooperation in using these forms where appropriate. draft order stripping mortgage lien(s) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In re: [NAME OF DEBTOR(S)], Debtor(s). Case No. <00-00000> Chapter 13 Judge< __ ___ > ORDER GRANTING MOTION TO A VOID MORTGAGE LIEN(S) This matter came before the Court on the Motion to Avoid Mortgage Lien(s) filed by the debtor(s), Docket#<_>. Movant has alleged that good cause for granting the motion exists and that the mortgage lien holder(s), the Chapter 13 trustee, and all other necessary parties were served with the motion and with notice of the deadline to oppose the motion. No party filed a response or otherwise appeared in opposition to the motion, or all responses have been withdrawn or overruled. For these reasons, it is appropriate to grant the relief requested. IT IS, THEREFORE, ORDERED that the motion is granted. IT IS FURTHER ORDERED that the lien(s) of <name of secured creditor> recorded in <location>, on <date>, at <volume/page, if applicable>, and bearing instrument number <number, if applicable>, [provide similar information, if avoiding multiple mortgage liens] is/are avoided, subject to the debtor(s) successfully completing the Chapter 13 plan and receiving a discharge under 11 U.S.C. § 1328. IT IS FURTHER ORDERED that the filing of a ce1iified copy of this order and a certified copy of the Chapter 13 discharge order with the appropriate state or county office, together with the payment of any fees due, shall act as a release and satisfaction of the mortgage lien(s) identified above. ### draft order avoiding judicial lien(s) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In re: [NAME OF DEBTOR(S)], Debtor(s). Case No. <00-00000> Chapter<_> Judge< __ __ _ > ORDER GRANTING MOTION TO A VOID JUDICIAL LIEN(S) UNDER I I U.S.C. ~ 522(f) This matter came before the Court on the Motion to Avoid Judicial Lien(s) filed by the debtor(s), Docket#<_>. Movant has alleged that good cause for granting the motion exists and that the judicial lien holder(s), the trustee, and all other necessary parties were served with the motion and with notice of the deadline to oppose the motion. No party filed a response or otherwise appeared in opposition to the motion, or all responses have been withdrawn or overruled. For these reasons, it is appropriate to grant the relief requested. IT IS, THEREFORE, ORDERED that the motion is granted. IT IS FURTHER ORDERED that the judicial lien(s) of <name ofjudicial lien holder>, recorded in <location>, on <date>, at <volume/page, if applicable>, and bearing instrument number <number, if applicable>, [provide similar information, if avoiding multiple judicial liens] is/are avoided under 11 U.S.C. § 522(f), subject to the debtor(s) receiving a discharge under 11 U.S.C. § 727 or § 1328. IT IS FURTHER ORDERED that the filing of a certified copy of this order and a certified copy of the discharge order with the appropriate state or county office, together with the payment of any fees due, shall act as a release and satisfaction of the judicial lien(s) identified above. ### Dated November 26, 2013 New Fee Effective 12/1/13, To Sell Property of the Estate Free & Clear of Liens under 11 USC § 363(f) MEMORANDUM TO: All Bankruptcy Attorneys who Practice in the United States Bankruptcy Court, Northern District of Ohio FROM: Chief Judge Pat E. Morgenstern-Clarren DATE: November 26, 2013 RE: New Fee Effective 12/1/13, To Sell Property of the Estate Free and Clear of Liens under 11 U.S.C. § 363(f) **************************************************************************** The Judicial Conference of the United States recently established a new fee that will apply to all motions for the sale of property free and clear of liens under 11 U.S.C. § 363(f). The fee is $176.00. The Judges in this district have agreed that chapter 7 trustees may apply to defer payment of this fee until such time as the sale is completed. A trustee wishing to do so should file an application to defer and submit a proposed order at the same time that the § 363(f) motion is filed. The trustee may then zero out the fee without waiting for the application to be approved. Dated November 10, 2014 Change in Procedure for Applications to Retain Counsel in Chapter 7 Cases MEMORANDUM TO: FROM: All Chapter 7 Trustees with Cases Pending in the Cleveland office of the United States Bankruptcy Court for the Northern District of Ohio The Hon. Pat E. Morgenstern-ClatTen, The Hon. Arthur I. Harris, and The Hon. Jessica E. Price Smith CC: Office of the United States Trustee for the Northern District of Ohio DATE: November 10, 2014 RE: Change in Procedure for Applications to Retain Counsel in Chapter 7 cases ********************************************************************************** To help us better assess applications where the chapter 7 trustee proposes to retain counsel to recover money for the estate, we ask that each application contain this information: 1. 2. 3. 4. The legal action that the trustee anticipates taking, linked to a specific asset; The value of the asset that the trustee anticipates recovering, estimated if necessary; The manner in which the trustee arrived at the valuation; and An estimate of the amount oflegal fees to be incurred in recovering the asset, including the hourly rate for each professional who will be working on the matter. We assume that the chapter 7 trustees are already doing this analysis before filing applications, and so hope that this will not be an extra burden. For example: The trustee wants to retain himself as counsel to file a motion to recover a tax refund from the debtor. The application should: (1) identify the tax refund(s) by year and taxing authority; (2) state the amount of the refund and identify any exemption to which the debtor is entitled; and (3) state the anticipated legal fees to be incurred in recovering the asset. or The trustee wants to retain herself as counsel to file a motion to recover personal property or the value of the property. The application should: (1) identify the specific property including information relevant to its identification (i.e., vehicle make and model); (2) state the value of the property, the source of the valuation, and identify any exemption to which the debtor is entitled; and (3) state the anticipated legal fees to be incurred in recovering the property. * * * This policy is in effect immediately. Pending applications should be supplemented if this infonnation is not included. Please let any one ofus know if you have questions about this. We appreciate your anticipated cooperation. Dated December 1, 2016 Procedures for Avoiding Liens in Chapter 13 Cases MEMORANDUM Date: December 1, 2016 To: All counsel and parties appearing before Judges Pat E. Morgenstem Clarren, Arthur I. Harris, and Jessica E. Price Smith in chapter 13 cases From: Judges Morgenstem-Clarren, Harris, and Price Smith Re: Avoiding totally unsecured liens under the authority of In re Lane, 280 F.3d 663 (6th Cir. 2002) or liens impairing exemptions under§ 522(f) must be done by motion, not through special chapter 13 plan provisions In an effort to establish uniform procedures in chapter 13 cases, the three bankruptcy judges in Cleveland would like to clarify that debtors seeking to avoid unsecured liens under the authority of In re Lane, 280 F.3d 663 (6th Cir. 2002) or liens impairing exemptions under§ 522(f) must do so by motion, not through special chapter 13 plan provisions. Absent intervening precedent, the bankruptcy judges in Cleveland intend to adhere to this procedure at least until the effective date of any national chapter 13 plan form and related rules amendments, which would be no earlier than December 1, 2017. Bankruptcy Rule 3012 currently provides for the valuation of a secured claim by motion. In addition, Bankruptcy Rule 4003(d) provides that "[a] proceeding to avoid a lien or other transfer of property exempt under§ 522(f) of the Code "shall be by motion in accordance with Rule 9014." While the proposed national chapter 13 plan form and related rules amendments currently under consideration would provide for the avoidance of these liens through a chapter 13 plan, as well as by motion, they have yet to take effect and, at this point, are simply a proposed form and proposed rule amendments. Chapter 13 debtors are free to include special plan provisions indicating that they intend to file a separate motion to avoid a totally unsecured lien under the authority of In re Lane or § 522(f); however, the bankruptcy judges in Cleveland will not accept special plan provisions that purport to accomplish such avoidance without filing a separate motion. Dated January 17, 2018 New Confirmation Order for Chapter 13 Cases Filed On or After December 1, 2017 MEMORANDUM Date: January 17, 2018 To: All counsel and parties appearing before Judges Arthur I. Harris and Jessica E. Price Smith in chapter 13 cases From: Judges Harris and Price Smith Re: New confirmation order for chapter 13 cases filed on or after December 1, 2017 Judges Harris and Price Smith have adopted a new form confirmation order for chapter 13 cases filed on or after December 1, 2017. A copy of the confirmation order is attached. The chapter 13 trustee shall be responsible for submitting a proposed confirmation order promptly after the Court has indicated that a chapter 13 plan is to be confirmed. The chapter 13 trustee shall append to the proposed confirmation order a copy of the chapter 13 plan being confirmed. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In re: Debtor. Case No. Chapter 13 Judge _______ _ CONFIRMATION ORDER The Chapter 13 plan in this case came on for confirmation at a hearing before the Court. A copy of such plan, together with the applicable amendments or modifications (the "Plan"), is attached to this Order. Based upon the papers filed in this case, information presented by the Chapter 13 Trustee ("Trustee") and such other matters, if any, presented by the Debtor or Debtors ("Debtor"), Debtor's counsel, any objector or any other interested party, the Court finds that: 1. 2. Notice of the confirmation hearing was duly given. The Plan complies with applicable requirements of 11 U.S.C. §§ 1322 and 1325. IT IS THEREFORE ORDERED THAT: 1. 2. 3. 4. The Plan is confirmed. The Debtor shall, until further order of the Court, make the periodic payments called for in the Plan to the Trustee. Except as otherwise permitted, such payments shall be made pursuant to order of the Court on the Debtor's employer. The Debtor shall not incur additional debt exceeding $1,000 in the aggregate without notice to the Trustee and the approval of the Court. The Debtor shall not transfer any interest in real property without the approval of the Court. 5. 6. 7. 8. 9. Unless the Plan provides otherwise in Part 2.3 or Part 8, the Debtor shall pay over to the Trustee each year during the pendency of the case any and all federal income tax refunds. The Debtor may retain from any federal income tax refund either $1,000 from a single tax return ($2,000 from a joint tax return) or the sum of any earned income tax credit and child tax credits, whichever is greater. Secured creditors shall retain their liens. If this case is either dismissed or converted to a Chapter 7 case, the property vesting in the Debtor by reason of this Confirmation Order shall remain subject to the liens existing at the time of the filing of the case subject to adjustments in respect of amounts paid under the Plan. After confirmation of the Plan, funds available for distribution will be paid monthly by the Trustee in the following order: (i) Trustee's authorized percentage fee and/or administrative expenses; (ii) attorney's fees as allowed under applicable rules and guidelines; (iii) conduit payments as provided for in Part 3.1; (iv) monthly payments on mortgage arrearages as provided for in Part 3.1 and monthly payments on claims as provided for in Parts 3.2, 3.3, 3.4 and, if so specified, Part 6.1 (if no fixed payment on an executory contract arrearage is specified, then the arrearage will be paid on a pro rata basis); (v) payments to priority creditors as provided for in Part 4, to be made on a pro rata basis; and (vi) general unsecured claims. Any creditor seeking to file an unsecured deficiency claim as a result of collateral surrendered in Part 3.5 must do so no later than 90 days after this Confirmation Order is entered. If the collateral has not been liquidated, the deficiency claim is to be estimated. The attorney for the Debtor is allowed a fee of ____ , of which ____ has been paid. The balance of ___ _ shall be paid by the Trustee from the monies received under the Plan over 12 months, unless a longer period is needed because the plan payment is too small to allow for payment over 12 months. 2 10. The administrative expenses of the Trustee shall be paid in full pursuant to 11 U.S.C. §§ 503(b) and 1326(b)(2) and 28 U.S.C. § 586(e)(1 )(8). 11. If the case is dismissed by the Court or by the Debtor under 11 U.S.C. § 1307, all funds remaining in the hands of the Trustee at the time of dismissal shall be paid to the Chapter 13 creditors pursuant to the terms of the Plan. If the case is converted to Chapter 7 under 11 U.S.C. § 1307, all funds remaining in the hands of the Trustee at the time of conversion shall be returned to the Debtor after deducting the Trustee's authorized percentage fee. 12. A debtor may request entry of an order declaring that a secured claim has been satisfied and that the lien has been released under the terms of the confirmed plan by filing and serving a motion under Bankruptcy Rule 5009(d), generally at the time the case is being closed. See 2017 Committee Note to Bankruptcy Rule 5009(d). By submitting this form, the Trustee certifies that the wording of this form is identical in all respects to the form confirmation order adopted by Judge Harris and Judge Price Smith in a Memorandum dated January 17, 2018. Submitted by: /S/ Lauren A. Helbling LAUREN A. HELBLING (#0038934) Chapter 13 Trustee 200 Public Square, Suite 3860 Cleveland, OH 44114-2321 Phone (216) 621-4268 [email protected] Fax (216) 621-4806 3 Dated February 8, 2019 Modification of Confirmation Order for Chapter 13 cases Filed on or after December 1, 2017 MEMORANDUM Date: February 8, 2019 To: All counsel and parties appearing before Judges A1ihur I. Harris and Jessica E. Price Smith From: Judges Harris and Price Smith Re: Modification of confirmation order for chapter 13 cases filed on or after December 1, 2017 On January 17, 2018, Judges Harris and Price Smith adopted a new form confirmation order for chapter 13 cases filed on or after December 1, 2017. The form confirmation order is modified to include the finding that "Any and all objections filed by the Trustee have been resolved." A copy of the confirmation order is attached. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In re: Debtor. Case No. Chapter 13 Judge _______ _ CONFIRMATION ORDER The Chapter 13 plan in this case came on for confirmation at a hearing before the Court. A copy of such plan, together with the applicable amendments or modifications (the "Plan"), is attached to this Order. Based upon the papers filed in this case, information presented by the Chapter 13 Trustee ("Trustee") and such other matters, if any, presented by the Debtor or Debtors ("Debtor"), Debtor's counsel, any objector or any other interested party, the Court finds that: 1. 2. 3. Notice of the confirmation hearing was duly given. The Plan complies with applicable requirements of 11 U.S.C. §§ 1322 and 1325. Any and all objections filed by the Trustee have been resolved. IT IS THEREFORE ORDERED THAT: 1. The Plan is confirmed. 2. 3. The Debtor shall, until further order of the Court, make the periodic payments called for in the Plan to the Trustee. Except as otherwise permitted, such payments shall be made pursuant to order of the Court on the Debtor's employer. The Debtor shall not incur additional debt exceeding $1,000 in the aggregate without notice to the Trustee and the approval of the Court. 4. The Debtor shall not transfer any interest in real property without the approval of the Court. 5. 6. 7. 8. 9. Unless the Plan provides otherwise in Part 2.3 or Part 8, the Debtor shall pay over to the Trustee each year during the pendency of the case any and all federal income tax refunds. The Debtor may retain from any federal income tax refund either $1,000 from a single tax return ($2,000 from a joint tax return) or the sum of any earned income tax credit and child tax credits, whichever is greater. Secured creditors shall retain their liens. If this case is either dismissed or converted to a Chapter 7 case, the property vesting in the Debtor by reason of this Confirmation Order shall remain subject to the liens existing at the time of the filing of the case subject to adjustments in respect of amounts paid under the Plan. After confirmation of the Plan, funds available for distribution will be paid monthly by the Trustee in the following order: (i) Trustee's authorized percentage fee and/or administrative expenses; (ii) attorney's fees as allowed under applicable rules and guidelines; (iii) conduit payments as provided for in Part 3.1; (iv) monthly payments on mortgage arrearages as provided for in Part 3.1 and monthly payments on claims as provided for in Parts 3.2, 3.3, 3.4 and, if so specified, Part 6.1 (if no fixed payment on an executory contract arrearage is specified, then the arrearage will be paid on a pro rata basis); (v) payments to priority creditors as provided for in Part 4, to be made on a pro rata basis; and (vi) general unsecured claims. Any creditor seeking to file an unsecured deficiency claim as a result of collateral surrendered in Part 3.5 must do so no later than 90 days after this Confirmation Order is entered. If the collateral has not been liquidated, the deficiency claim is to be estimated. The attorney for the Debtor is allowed a fee of ____ , of which ____ has been paid. The balance of ___ _ shall be paid by the Trustee from the monies received under the Plan over 12 months, unless a longer period is needed because the plan payment is too small to allow for payment over 12 months. 2 10. The administrative expenses of the Trustee shall be paid in full pursuant to 11 U.S.C. §§ 503(b) and 1326(b )(2) and 28 U.S.C. § 586(e)(1 )(B). 11. If the case is dismissed by the Court or by the Debtor under 11 U.S.C. § 1307, all funds remaining in the hands of the Trustee at the time of dismissal shall be paid to the Chapter 13 creditors pursuant to the terms of the Plan. If the case is converted to Chapter 7 under 11 U.S.C. § 1307, all funds remaining in the hands of the Trustee at the time of conversion shall be returned to the Debtor after deducting the Trustee's authorized percentage fee. 12. A debtor may request entry of an order declaring that a secured claim has been satisfied and that the lien has been released under the terms of the confirmed plan by filing and serving a motion under Bankruptcy Rule 5009(d), generally at the time the case is being closed. See 2017 Committee Note to Bankruptcy Rule 5009(d). By submitting this form, the Trustee certifies that the wording of this form is identical in all respects to the form confirmation order adopted by Judge Harris and Judge Price Smith in a Memorandum dated January 17, 2018, and as modified in the Memorandum dated February 8, 2019. Submitted by: ISi Lauren A. Helbling LAUREN A. HELBLING (#0038934) Chapter 13 Trustee 200 Public Square, Suite 3860 Cleveland, OH 44114-2321 Phone (216) 621-4268 [email protected] Fax (216) 621-4806 3 Dated January 2, 2024 In-Person Hearings UNITED STATES BANKRUPTCY COURT Northern District of Ohio Howard M. Metzenbaum United States Courthouse, Suite 248 201 Superior Avenue Cleveland, Ohio 44114 The Honorable Suzana Krstevski Koch United States Bankruptcy Judge (216) 615-4422 [email protected] MEMORANDUM To: Attorneys and Parties with Cases or Matters assigned to Judge Koch From: The Honorable Suzana Krstevski Koch RE: In-Person Hearings Date: Effective as of January 2, 2024 As of January 2, 2024, unless otherwise ordered, attorneys and prose parties must attend all hearings in person. Telephone Appearances. The Court will allow appearance by telephone in limited circumstances for good cause. Any party or counsel who wishes to appear by telephone must file a motion requesting leave to attend by telephone explaining the reason for the request no later than 3: 00 p. m. two business days before the scheduled hearing. Please note that the general press of business is not good cause. Should the Comi grant a request to appear by telephone, Chambers will issue a unique pass code to the moving party. Resolving a matter by settlement or withdrawal. A hearing may no longer be necessary if (1) all interested parties timely settle a matter or if a withdrawal is timely filed, and (2) the Court has no questions regarding the matter. (1) Settlement/ Proposed Agreed Order. If there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved and a proposed agreed order has already been submitted to the Court no later than 3: 00 p. m. two business days before the scheduled hearing, and the Court has approved and entered the agreed order, then there may be no need to hold a hearing and the hearing may be removed from the Docket Calendar. A lack of any filed objections to a motion or application does not necessarily mean there is a clear agreement between all interested parties. (2) Withdrawal. A withdrawal must be filed no later than 3:00 p.m. two business days before the scheduled hearing, otherwise the hearing will remain on the Docket Calendar, and counsel shall be present in person. If a hearing is removed from the Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch's "Docket Calendar for the Current Week" on her website is updated every 15 minutes and includes the most current Docket Calendar information. Hearings may be adjourned by Court Order. Adjournments require advance Court approval. Parties may request an adjournment by motionfiled no later than 3: 00 p. m. two business days before the scheduled hearing. If all interested parties are in agreement, instead of filing a motion, the parties may email a request for an adjournment to Chambers at JudgeKochChambers Diohnb.uscourts.gov The email to Chambers must be copied to all interested parties known to the requesting party, and it must be received by Chambers no later than 3:00 p.m. two business days before the scheduled hearing. Any request for an adjournment, whether by motion or email, must state: 1. whether or not the adjournment is agreed to by all parties seeking and opposing the relief in question; 11. the basis for the request; 111. how many previous adjournments have been sought; and 1v. the period of time requested until the next hearing. Late adjournment requests will not be considered unless good cause exists for the untimely request. 2 Whether requested by motion or email, a hearing is not adjourned until the Cami orders an adjournment. If a hearing is adjourned from the current Docket Calendar, a Docket entry will issue to parties registered on the ECF system. Additionally, Judge Koch's "Docket Calendar for the Current Week" on her website is updated every 15 minutes and includes the most current Docket Calendar information. Please note: a third adjournment will generally be a final adjournment, particularly for Chapter 13 plan confirmations, unless good cause is shown why any further adjournments are necessary. Telephone calls to Chambers to request an adjournment are not permitted. Expectation to appear in person. Compliance with these procedures shall excuse counsel from attending the hearing of a matter. Absent compliance with these procedures, counsel and prose parties are expected to appear in person. Failure to appear may result in denial of the relief requested or other appropriate sanctions. In emergency or unforeseen circumstances, as soon as is reasonably practicable, counsel or pro se parties should contact Chambers to explain the emergency. Communications sent to Chambers. Please note that communications sent to Chambers should be sent by attorneys admitted to practice before this Court. To the extent communications are sent by paraprofessionals, such communications should be limited to such communications as are appropriate under applicable rules governing the practice of law. The attorney of record for the matter must be copied on the email. The Court may enter communications sent to Chambers on the Docket for the case that is the subject of the communication and may include the content of the communication on the Docket Calendar. Defined Terms. "Chambers" means Judge Koch's staff: her Comiroom Deputy, her Law Clerk, and her Judicial Paralegal. "Docket" is the log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. "Docket Calendar" is the list of hearings including the date, time, and matter scheduled to be heard and can be found on Judge Koch's website under Docket Information: https://www.ohnb.uscourts.gov/content/iudge-suzana-krstevski-koch 3 Please note, for Tuesday hearings, 3: 00 p. m. two business days before the scheduled hearing means the preceding Friday at 3 :00 p.m., provided there is no intervening holiday. For example, Martin Luther King Jr. 's Birthday, Washington's Birthday, Memorial Day, Labor Day, and Columbus Day always occur on Mondays. For those weeks, 3:00 p.m. hvo business days before the scheduled hearing means the preceding Thursday at 3:00 p.m. 4 Dated September 17, 2024 Motions that Do Not Require a Notice Pursuant to LBR 9013-1 UNITED STATES BANKRUPTCY COURT Northern District of Ohio, Eastern Division Howard M. Metzenbaum United States Courthouse 201 Superior A venue, Suite 248, Cleveland, Ohio 44114 The Honorable Suzana Krstevski Koch United States Bankruptcy Judge (216) 615-4422 J [email protected] MEMORANDUM To: Attorneys and Parties with Cases or Matters assigned to Judge Koch From: The Honorable Suzana Krstevski Koch RE: Motions that do not require a notice pursuant to LBR 9013-1 Date: Effective as of September 17, 2024 To achieve an orderly administration of the business of this Court; to govern the practice of attorneys before Judge Koch; and to secure the just, speedy and inexpensive determination of all litigation coming before Judge Koch, and pursuant to Bankruptcy Rule 9029 and Rule 83 of the Federal Rules of Civil Procedure, the following motions do not require the notice referenced in Local Bankruptcy Rule 9013-1: 1. 2. Application by Debtor to pay the filing fee in installments or to waive the filing fee as permitted by Fed. R. Bankr. P. 1006(b) or (c); Debtor's Motion, for Cause, to Extend the Time to Pay Installment Payments for a Filing Fee, to not more than 180 Days from the Petition Filing Date; 3. Motion for Refund ofFiling Fee; 4. 5. Debtor's Motion for an extension pursuant to 11 U.S.C. §109(h)(3)(B); Debtor's Motion to Extend Time pursuant to Bankruptcy Rule 1007 to File Schedules and Statement of Financial Affairs or other items; 6. 7. Debtor's Motion under Fed. R. Bank.r. P. 4004(c)(2) to defer entry of the discharge order for the purpose of filing a reaffirmation agreement; Debtor's Motion under Fed R. Bankr. P. 4008(a) to enlarge the time for filing a reaffirmation agreement; 8. Motion for Temporary Restraining Order, emergency, or expedited hearing; 9. Motion to Continue Hearing/Chapter 13 Confirmation Hearing; 10. Motion for the entry or termination of a wage order; 11. First Motion for an order to extend or shorten time under Fed R. Bankr. P. 9006(b )(1 )(1) or ( c )(1 ), however (i) a motion to extend time within which to file a complaint objecting to discharge pursuant to Fed R. Bankr. P. 4004(b) or (ii) a motion to determine the dischargeability of a debt pursuant to Fed R. Banlcr. P. 4007(c) each require appropriate notice, and in each case must be filed before the time has expired; 12. Trustee or United States Trustee's Motion for a Fed. R. Bankr. P. 2004 examination of the debtor; 13. Motion to limit notices as provided by Fed. R. Banrk. P. 2002(h) or (i); 14. Motion to Appear at Hearing by Telephone; 15. Motion to redact and/or restrict public access to documents containing one or more of the personal data identifiers listed in Fed. R. Bankr. P. 9037; 16. Motion by the trustee to reopen a chapter 7 case to administer unscheduled assets; 17. Motion to Reinstate a Case dismissed pursuant to an Order to Show Cause; 18. Motion to Appear Pro Hae Vice in compliance with Local Rule 2090-1; 19. Debtor's Motion to Convert pursuant to§§ 1 l 12(a), 1208(a), or 1307(a); 2 20. Debtor's Motion to Dismiss a chapter 13 case pursuant to §1307(b) that has not been converted under 11 U.S.C. §§ 706, 1112, or 1208; and 21. Those matters subject to Judge Koch's Administrative Order No. 23-05, as entered October 19, 2023, amended September 12, 2024, and as may be amended from time to time. Any party adversely affected by an order entered without notice pursuant to these General Practices and Procedures shall be entitled to reconsideration thereof in compliance with Bankruptcy Rule 9029, if, within ten days of service of notice of the entry of such order, such party files a written motion for reconsideration, which motion or memorandum attached shall state the grounds therefore. Such motion for reconsideration requires a notice pursuant to LBR 9013-1 and will ordinarily be considered by the Court upon the papers submitted. Any party adversely affected by an order shall retain all rights of any nature relating to the impropriety of the order on the underlying motion. 3

Text

Chat with this judge practice using AI