Notice to Those Requesting Remote Participation Before Judge Jeffrey J. Graham -- Indianapolis and Terre Haute Divisions; Notice to Those Appearing Before Judge Jeffrey J. Graham; Motions to Continue and Telephonic Appearances; Notice to Terre Haute Bar Regarding Change in Terre Haute Chapter 13 and

=== Notice to Those Requesting Remote Participation Before Judge Jeffrey J. Graham -- Indianapolis and Terre Haute Divisions ===

UNITED STATES Jeffrey J. Graham, Chief Judge Birch Bayh Federal Building and United States Courthouse 46 East Ohio Street, Room 317 Indianapolis, IN 46204 BANKRUPTCY COURT (317) 229-3870 [email protected] NOTICE TO THOSE REQUESTING REMOTE PARTICIPATION BEFORE JUDGE JEFFREY J. GRAHAM -- INDIANAPOLIS AND TERRE HAUTE DIVISIONS The Court has observed a significant increase in requests to appear by remote means, either by Zoom or telephone. These requests—especially those made less than 24 hours prior to a scheduled hearing—require a disproportionate amount of court resources. Going forward, the Court will require the following for any request made to appear by remote means. All requests to appear by remote means must be made at least two business days prior to a scheduled hearing. Exceptions will be made for those matters set on an emergency or expedited basis or for other exigent circumstances if stated in the request. Requests must be made by email to [email protected] and copied to [email protected]. Requests will only be granted for non-evidentiary matters, or if you anticipate presenting only legal argument, intend to report a consensual resolution, request a continuance, or only listen/observe. Absent compelling or exigent circumstances, all other requests will be denied. A request to appear by remote means must indicate which of these apply. Absent compelling or exigent circumstances, parties should keep in mind that if you appear by remote means, you will not be permitted to present evidence or examine any witnesses. Counsel should presume that every hearing has the potential to be an evidentiary hearing—unless the Court states that it isn’t (for instance, status and pre-trial conferences are generally not evidentiary in nature). It is counsel’s responsibility to determine what evidence is necessary to prevail on his or her position. The Court further reminds parties that an attachment to pleadings is not admitted evidence and will not be treated as such. If the Court grants a request to appear telephonically, the Court is making no representation that evidence is not needed or that the requesting party is absolved from having to present evidence if evidence is necessary to the Court’s ruling. The requesting party bears the risk of not appearing in person. A denied request to appear by remote means shall not, in itself, constitute compelling grounds to continue the scheduled hearing absent consent of all other parties. If the Court grants the request, remote access information can be found at: Chief Judge Jeffrey J. Graham | Southern District of Indiana | United States Bankruptcy Court For requests to convert a hearing to telephone, Zoom or a hybrid thereof, please consult: JJG6.26.24_Courtroom_Procedures_notice.pdf

=== Notice to Those Appearing Before Judge Jeffrey J. Graham ===

NOTICE TO THOSE APPEARING BEFORE JUDGE JEFFREY J. GRAHAM The default location for hearings and/or trials will be live and in-person, subject to the following: (a) pretrial conferences will be via Zoomgov.com videoconference (“Zoom”); and (b) unless otherwise ordered by the Court. The Court will consider, on a case-by-case basis, requests to appear by, or convert a hearing to, telephone, Zoom or a hybrid of in-person and Zoom (“Hybrid”). Parties are to make such requests by contacting Judge Graham’s Courtroom Deputy Brian Bernhardt ([email protected], (317) 229-3819) for Indianapolis and Terre Haute bankruptcy cases or Heather Heiser-Davis ([email protected], (317) 229-3872) for all adversary proceedings as soon as practicable. The Court may deny the request or grant the request and (a) convert the hearing from in-person to one by telephone, Zoom or Hybrid; or (b) allow a request to appear at the in-person hearing by telephone or Zoom. If the Court approves a request to convert an in-person hearing to telephone, Zoom or Hybrid, the change in location will be reflected on the case docket by a PDF notice or a minute entry that includes the pertinent telephone or Zoom information. The party requesting such accommodation is required to provide the telephone or Zoom information to interested parties not registered with the Court’s Electronic Case Filing system. Telephone and Zoom information for Judge Graham are located at the end of this Notice. If the Court approves a party’s request to attend an in-person hearing by telephone or Zoom, the party may join the hearing by using Judge Graham’s telephone or Zoom information. It is the responsibility of the party attending an in- person hearing via telephone or Zoom to obtain any documentary evidence that is, or may be, used at such hearing. Parties wishing to present documentary evidence during a hearing conducted by telephone, Zoom or Hybrid are required to follow the procedures outlined in General Order 23-0002. In addition, all participants in a Zoom or Hybrid hearing, including counsel, parties and witnesses, are expected to follow the instructions within the Zoom Video Hearing Guide for Participants found on the Court’s website. Parties are reminded that telephone, Zoom and Hybrid hearings are official court proceedings during which all participants are to act accordingly, and that Zoom and Hybrid hearings require attire consistent with the decorum of a court proceeding. Any party appearing by telephone or Zoom must connect to the hearing from a quiet location, not use a speakerphone, and mute the connection when not speaking. Do not place the hearing on hold. If you place the hearing on hold or do not mute your line, the Courtroom Deputy may mute your line or disconnect you from the hearing. You are urged to test your setup and equipment prior to any hearing. Participants by telephone and Zoom are reminded of the general prohibition against photographing, recording, and rebroadcasting of Court proceedings. In addition, participants by telephone and Zoom should be aware of General Order 24- 0001 that restricts public access to bankruptcy court proceedings in certain circumstances. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future proceedings, or any other sanction(s) deemed necessary by the Court. Judge Graham’s telephone information is as follows: • • Phone Number: 1-571-353-2301 Access Code: 158299259 Judge Graham’s Zoom information is as follows: • • • • Website: https://www.zoomgov.com App: Zoom on either iOS or Android will also work Meeting ID: 160 2312 6397 Phone (for those who wish to listen but not actively participate): o o 1-551-285-1373 or 1-646-828-7666

=== Motions to Continue and Telephonic Appearances ===

Chambers of Jeffrey J. Graham Bankruptcy Judge To: Terre Haute Division Bar Members From: Jeffrey J. Graham, Judge Re: Motions to continue and telephonic appearances In advance of its monthly hearing date in Terre Haute, the Court typically receives numerous motions to continue in the 48 hours prior the hearing date. These motions pose a challenge to the Court and its staff in preparing for the hearings. They also pose a challenge to the Chapter 13 trustee in that they create a significant distraction from the work needed to prepare for court and to substantively resolve those matters that are set. With those challenges in mind, the Court asks that all motions to continue be filed at least three days before a scheduled hearing. If the motion is filed within three days of the scheduled hearing, it must reflect opposing counsel’s consent or otherwise state a compelling reason for the requested continuance. In the very least, the motion must reflect that a timely attempt to obtain opposing counsel’s consent was made. Failure to state that such an attempt was timely made may result in the motion being summarily denied. Similarly, last-minute requests to appear telephonically also present a challenge and a distraction to the Court. These, too, should be timely made if and when possible, presumably three or more days prior to the scheduled hearing. Please keep in mind that if you appear telephonically, you will not be permitted to present evidence or examine any witnesses. Counsel should presume that every hearing has the potential to be an evidentiary hearing—unless the Court states that it isn’t (for instance, status and pre-trial conferences are generally not evidentiary in nature). It is counsel’s responsibility to determine what evidence is necessary to prevail on his or her position. As such, if the Court grants a request to appear telephonically, the Court is making no representation that evidence is not needed or that the requesting party is absolved from having to present evidence if evidence is necessary to the Court’s ruling. The requesting party bears the risk of not appearing in person.