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Hon. Patricia M. Mayer · U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Role: Bankruptcy Judge

Bluebook Citation: Hon. Patricia M. Mayer, .pdf; .pdf; .pdf; .pdf; .pdf; .pdf; .pdf; .pdf; .pdf; .pdf; pdf; pdf, U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Judge Profile: Hon. Patricia M. Mayer profile and standing orders

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UNITED STATES BANKRUPTCY COURT Eastern District of Pennsylvania APPEARANCE SHEET Appearance before Hon. Date: Number on Calendar: Name of Debtor: Bk Case No.: Adv. Case No.: Attorney’s Name: Firm Name: Address: Telephone: Appearing for: Movant: Respondent: Plaintiff: Defendant: WITNESS (IF APPLICABLE) 1. 2. 3. 4. 5. 6. ALL COUNSEL ORDERING OFFICIAL COURT TRANSCRITPS ACCEPT RESPONSIBILITY FOR PAYMENT. NOTICE Rev. 7/2022

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IN RE: UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA Debtor(s) : : : Chapter Bky. No. O R D E R AND NOW, upon consideration of (“the Motion”), and the request for an expedited hearing thereon, and sufficient cause being shown, it is hereby ORDERED that: 1. The request for an expedited hearing is GRANTED. 2. A hearing to consider the Motion shall be held on , 202_, at , in the United States Bankruptcy Court, Gateway Building, Fourth Floor Courtroom, 201 Penn St., Reading, Pennsylvania, 19601. 3. Written objections or other responsive pleadings to the Motion (while not required) may be filed up to the time of the hearing and all objections will be considered at the hearing. 4. The Movant(s) shall serve the Motion and this Order on the U.S. Trustee, the case Trustee (if any), the individual Respondent(s) (if any), all secured creditors and all priority creditors by overnight mail, facsimile transmission or e-mail transmission no later than 5:00 p.m. on or before . Service under this Paragraph is effective if made to each party identified above through the court’s CM/ECF system. 5. The Movant(s) shall serve this Order and a Notice of the Motion in conformity with Local Bankruptcy Form 9014-3 on all other parties in interest, including creditors, by regular mail no later than 5:00 p.m. on . 6. The Movant shall file a Certification of Service as required by Local Rule 9014-4. Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re Debtors Plaintiff(s) v. Defendant(s) Chapter Bky. No. Adv. No. : : : : : : : : : : : ......................................... P R E T R I A L O R D E R # 1 ......................................... AND NOW, it is hereby ORDERED that: 1. If not already filed, any party that is subject to Fed. R. Bankr. P. 7007.1 shall file the required disclosure on or before 7 days. 2. On or before 21 days, the parties shall file a Joint Statement whether they consent to participate in the court-annexed mediation program. a. If the parties consent to mediation, the Joint Statement shall either: i. ii. request that the court appoint a specific individual to serve as mediator; request that the court appoint a specific individual who has indicated a willingness and ability to serve as mediator, see ¶ 2.b. below, from a list of no more than three (3) names; or iii. advise the court that the parties cannot locate or cannot -1- agree upon an individual to serve as mediator b. Prior to the submission of a Joint Statement that provides a list of one (1) or more mediators acceptable to the parties, the parties shall contact each potential appointee to determine whether the person is willing to serve as mediator and whether that person has preliminarily determined that he or she is not disqualified under L.B.R. 9019-2(i). 3. On or before 21 days, counsel shall have held and concluded the mandatory discovery conference pursuant to Fed. R. Civ. P. 26(f), incorporated into these proceedings by Fed. R. Bankr. P. 7026. During said conference, the parties shall discuss how to proceed with general discovery and electronic discovery and shall consider whether the discovery and pretrial schedule detailed below in this order is appropriate in this proceeding. 4. On or before 28 days, the parties shall provide the initial disclosures detailed in Fed. R. Civ. P. 26(a)(1). Any objections to the propriety of requiring the initial discovery disclosures required by Fed. R. Civ. P. 26(a)(1), see Fed. R. Civ. P. 26(a)(1) (C), shall be set forth in the parties Rule 26(f) Report. 5. On or before 42 days, should the parties propose a discovery or pretrial schedule that differs from the one below, they shall file with the bankruptcy court a report on discovery, as mandated by Fed. R.Civ. P. 26(f) (“the Rule 26(f) Report”). The parties shall detail those differences in their Rule 26(f) Report, along with the reasons therefor. The court may, when appropriate, order a hearing based on the information found in the Rule 26(f) Report. If the parties are in agreement with the discovery schedule outlined herein, no Report need be filed, unless there are objections to the initial discovery disclosures. 6. The following discovery and trial schedule shall be considered by the parties in their deliberations at their discovery conference: -2- a. All expert witnesses shall be identified and a copy of each expert’s report shall be provided to every other party, in accordance with Fed. R. Civ. P. 26(a)(2) on or before 84 days. b. All discovery shall be completed on or before 105 days. c. All motions to amend the pleadings, or for summary judgment,1 shall be filed on or before 126 days. If such a motion or motions is/are filed, the parties are not relieved of their obligation to comply with the terms of the balance of this Pretrial Order. d. All discovery disclosures pursuant to Fed. R. Civ. P. 26(a)(3) shall be served on opposing parties and filed with the bankruptcy court on or before 140 days. e. Any objections to Rule 26(a)(3) disclosures shall be served on opposing counsel and filed with the bankruptcy court on or before 147 days. f. On or before 161 days, the parties shall file a joint pretrial statement. The joint pretrial statement shall be signed by all counsel. It is the obligation of the Plaintiff”s counsel to initiate the procedures for its preparation and to assemble and submit the proposed pretrial statement to the court. Plaintiff’s counsel shall submit a proposed joint pretrial statement to Defendant’s counsel not less than 7 days prior to the deadline for its submission. Counsel are expected to make a diligent effort to prepare a proposed pretrial statement in which will be noted all of the issues on which the parties are in agreement and all of those issues on which they disagree. The proposed pretrial statement shall govern the conduct of the trial and shall supersede all prior pleadings in the case. Amendments will be allowed only in exceptional circumstances and to prevent manifest injustice. 7. The joint pretrial statement shall be in the following form: A. Basis of jurisdiction. (including a statement whether this matter is core or noncore). If the matter is noncore, the parties shall state whether they consent to the court’s entry of a final order pursuant to 28 U.S.C. § 157(c)(2). If the parties disagree, they shall each cite to relevant authority to support their positions. B. Statement of uncontested facts. C. Statement of facts which are in dispute. [No facts should be disputed unless opposing counsel expects to present contrary evidence on the point at trial, or 1 A motion for summary judgment shall include a separate statement of those material facts that the movant contends are not in dispute with supporting citations to the record. Failure to comply with this requirement shall be grounds for summary denial of the motion. -3- genuinely challenges the fact on credibility grounds.] D. Damages or other relief. A statement of damages claimed or relief sought. A party seeking damages shall list each item claimed under a separate descriptive heading, shall provide a detailed description of each item and state the amount of damages claimed. A party seeking relief other than damages shall list the exact form of relief sought with precise designations of persons, parties, places and things expected to be included in any order providing relief. E. Legal issues presented and the constitutional, statutory, regulatory and decisional authorities relied upon. (Counsel should include a brief statement regarding which party has the burden of proof on each legal issue). F. Witnesses listed along with a brief statement of the evidence the witness will give. Witnesses shall be classified between those whom any party expects to present and those whom any party may call if the need arises., If not already provided to all parties, the address and telephone number of each witness shall be disclosed. G. A list of all exhibits to be offered into evidence which shall be serially numbered and physically marked before trial in accordance with the schedule. Documents which a party may offer if the need arises shall be separately identified. H. Motion(s) In Limine: The parties shall identify any Motions In Limine that they believe need to be resolved prior to trial. The nature of the issue shall be described in sufficient detail to facilitate a discussion of the issue(s) at the final pretrial/settlement conference and to permit the court to issue an appropriate scheduling order, if necessary, for the filing and resolution of such Motion(s). I. A list of each discovery item and trial deposition to be offered into evidence. (Counsel shall designate by page portion of deposition testimony and by number the interrogatories which shall be offered in evidence at trial). J. Estimated trial time. K. A certification that the parties have attempted good faith settlement discussions without success. 8. A mandatory final pretrial/settlement conference shall be held on (Date) at (time) in the United States Bankruptcy Court, Gateway Building, Fourth Floor Courtroom, 201 Penn St., Reading, Pennsylvania, 19601. 9. If the adversary proceeding is not resolved prior to the conclusion of the final pretrial/settlement conference, the adversary proceeding shall be scheduled for trial at the -4- Court’s first available date. 10. Each party may file, no later than five (5) days prior to the date of trial, a trial memorandum with service on the opposing part(y)(ies). 11. All trial exhibits shall be pre-marked and exchanged at least three (3) business days prior to the date of trial. 12. The trial may be continued only in exceptional circumstances on Motion and leave of Court. Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE -5-

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA Chapter Bky. No. Adv. No. IN RE: Debtor(s) : : : ____________________________________: : : : : : : : : : ____________________________________: Defendant(s) Plaintiff(s) v. PRETRIAL ORDER AND NOW, the plaintiff(s) having filed an adversary proceeding and the defendant(s) having filed a responsive pleading, it is hereby ORDERED that: 1. 2. 3. 4. 5. If not already filed, any party that is subject to Fed. R. Bankr. P. 7007.1 shall file the required disclosure on or before (7 days). On or before (21 days), counsel shall have held and concluded the mandatory discovery conference pursuant to Fed. R. Civ. P. 26(f), incorporated into these proceedings by Fed.R.Bankr.P. 7026. During said conference, the parties shall discuss how to proceed with general discovery and electronic discovery and shall consider whether the discovery and pretrial schedule detailed below in this order is appropriate in this proceeding. On or before (28 days from date of order), after the conclusion of the parties’ discovery conference, should the parties propose a discovery or pretrial schedule that differs from the one below, they shall file with the bankruptcy court a report on discovery, as mandated by Fed. R. Civ. P. 26(f). The parties shall detail those differences in their Rule 26(f) report, along with the reasons therefor. The court may, when appropriate, order a hearing based on the information found in the Rule 26(f) report. If the parties are in agreement with the discovery schedule outlined herein, no report need be filed. The requirements of Fed. R. Civ. P. 26(a)(1) shall not apply in this adversary proceeding. The following discovery and trial schedule shall be considered by the parties in their deliberations at their discovery conference: a. b. c. d. e. f. All discovery shall be completed on or before (49 days from date of order). All expert witnesses shall be identified and a copy of each expert’s report shall be provided to every other party, in accordance with Fed. R. Civ. P. 26(a)(2) on or before (63 days from date of order). All discovery disclosures pursuant to Fed. R. Civ. P. 26(a)(3) shall be served on opposing parties and filed with the bankruptcy court on or before (63 days from date of order). Any objections to Rule 26(a)(3) disclosures shall be served on opposing counsel and filed with the bankruptcy court on or before (70 days from date of order). All motions to amend the pleadings, or for summary judgment,1 shall be filed on or before (70 days from date of order). If such a motion or motions is/are filed, the parties are not relieved of their obligation to comply with the terms of the balance of this Pretrial Order. A Joint Pretrial Statement shall be filed in accordance with Local Bankruptcy Rule 7016-1 on or before (84 days from date of order). 6. 7. 8. 9. A mandatory final pretrial/settlement conference shall be held on (Date) at (time) in the United States Bankruptcy Court, Gateway Building, Fourth Floor Courtroom, 201 Penn St., Reading, Pennsylvania, 19601. If the adversary proceeding is not resolved prior to the conclusion of the final pretrial/settlement conference, the adversary proceeding shall be set down for trial at the Court’s first available date. Each party may file, no later than five (5) days prior to the date of trial, a trial memorandum with service on the opposing part(y)(ies) and a courtesy copy delivered to Chambers. The trial may be continued only in exceptional circumstances on Motion and leave of Court. All trial exhibits shall be pre-marked and exchanged at least three (3) business days prior to the date of trial. 1 A motion for summary judgment shall include a separate statement of those material facts that the movant contends are not in dispute with supporting citations to the record. Failure to comply with this requirement shall be grounds for summary denial of the motion. Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: Chapter 11 Bky. No. (PMM) : : : : : : Debtor. SUBCHAPTER V STATUS REPORT Note: must be filed 14 days prior to initial status conference Date of order for relief: Trustee: Has the debtor attended an initial debtor interview? Yes  No  If no, please explain: Has the trustee concluded the 341 meeting? If no, please explain: Yes  No  Has the debtor filed all post-petition financial reports? Yes  No  If no, please explain: Has the debtor filed all monthly operating reports? Yes  No  If no, please explain: Is all relevant insurance in place and current? Yes  No  If no, please explain: 1 Has the debtor filed all applicable tax returns? Yes No   If no, please explain: Has the debtor paid all taxes entitled to administrative expense priority? Yes No   If no, please explain: Please detail the efforts the debtor has undertaken and will undertake to attain a consensual plan of reorganization: Other relevant information: Note: Debtor must file a plan not later than 90 days after entry of order for relief, unless the Court extends the deadline upon a finding that extension is “attributable to circumstances for which the debtor should not justly be held accountable.” See, 11 U.S.C. § 1189(b). This status report must be served on the trustee and all parties in interest. Date: Attorney for Debtor 2

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: Debtor : : : Chapter 13 Bky. No. ORDER DISMISSING CHAPTER 13 CASE AND SETTING DEADLINE FOR APPLICATIONS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES AND NOW, upon consideration of the Motion to Dismiss Case filed by Scott Waterman, Standing Trustee (“the Trustee”), and after notice and hearing, it is hereby ORDERED that: 1. This chapter 13 bankruptcy case is DISMISSED. 2. Any wage orders previously entered are VACATED. 3. Pursuant to 11 U.S.C. §349(b)(3), the undistributed chapter 13 plan payments in the possession of the Trustee shall not revest in the entity in which such property was vested immediately before the commencement of the case. All other property of the estate shall revest pursuant to 11 U.S.C. §349(b)(3). 4. All applications for allowance of administrative expenses (including applications for allowance of professional fees) shall be filed within fourteen (14) days of the entry of this Order. 5. Promptly after the expiration of the response period for any application authorized by Paragraph 4 above, Counsel for the Debtor shall file either: (a) a Certification of No Response confirming that neither an objection to the proposed compensation nor an application for administrative expense has been filed; or (b) a Certification that an objection or an application has been filed (after which the Clerk shall schedule a hearing on all such applications). 6. If no Certification, as required above in Paragraph 5 has been entered on the docket within sixty- three (63) days of the entry of this Order, then the Standing Trustee shall: (a) if any applications for administrative expenses other than Debtor(s)’ Counsel’s have been filed, request a hearing thereon or (b) if no such applications have been filed, return the undistributed chapter 13 plan payments in his possession to Debtor(s) pursuant to 11 U.S.C. §1326(a)(2). Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA In re: ) Chapter 13 Debtor. ) Bankruptcy. No. ORDER DISMISSING CHAPTER 13 CASE AND SETTING DEADLINE FOR APPLICATIONS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES AND NOW, in consideration of the Motion to Dismiss Case filed by Standing Trustee (hereinafter "the Trustee"), and after notice and hearing, it is hereby ORDERED that: This above-captioned chapter 13 bankruptcy case is DISMISSED. Counsel for the Debtor shall file a master mailing list with the Clerk of the United States Bankruptcy Court if such has not been previously filed. Any wage orders previously entered are VACATED. Pursuant to 11 U.S.C. §349(b)(3), any undistributed Chapter 13 plan dividend payments in the possession of the aforesaid Trustee shall not revest in the entity in which such property had vested immediately prior to the commencement of this case. All other property of the estate shall revest pursuant to 11 U.S.C. §349(b)(3). All applications for allowance of administrative expenses (including applications for allowances of professional fees) shall be filed within twenty (20) days of the entry of this Order. Counsel for the Debtor shall serve this Order by first class mail, postage prepaid, on all interested parties within five (5) days of the entry of this Order. Counsel shall file a Certification of Service confirming that such service has been accomplished within fifteen (15) days of the entry of this Order. 1. 2. 3. 4. 5. 6. Date: Hon. Patricia M. Mayer U.S. Bankruptcy Judge

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: Debtor : : : Chapter 13 Bky. No. ORDER DISMISSING CHAPTER 13 CASE AND SETTING DEADLINE FOR APPLICATIONS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES AND NOW, upon consideration of the Motion to Dismiss Case filed by Ken West, Standing Trustee (“the Trustee”), and after notice and hearing, it is hereby ORDERED that: 1. This chapter 13 bankruptcy case is DISMISSED. 2. Any wage orders previously entered are VACATED. 3. Pursuant to 11 U.S.C. §349(b)(3), the undistributed chapter 13 plan payments in the possession of the Trustee shall not revest in the entity in which such property was vested immediately before the commencement of the case. All other property of the estate shall revest pursuant to 11 U.S.C. §349(b)(3). 4. All applications for allowance of administrative expenses (including applications for allowance of professional fees) shall be filed within fourteen (14) days of the entry of this Order. 5. Promptly after the expiration of the response period for any application authorized by Paragraph 4 above, Counsel for the Debtor shall file either: (a) a Certification of No Response confirming that neither an objection to the proposed compensation nor an application for administrative expense has been filed; or (b) a Certification that an objection or an application has been filed (after which the Clerk shall schedule a hearing on all such applications). 6. If no Certification, as required above in Paragraph 5 has been entered on the docket within sixty- three (63) days of the entry of this Order, then the Standing Trustee shall: (a) if any applications for administrative expenses other than Debtor(s)’ Counsel’s have been filed, request a hearing thereon or (b) if no such applications have been filed, return the undistributed chapter 13 plan payments in his possession to Debtor(s) pursuant to 11 U.S.C. §1326(a)(2). Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA In re: ) Chapter 13 Debtor. ) Bankruptcy. No. ORDER DISMISSING CHAPTER 13 CASE AND SETTING DEADLINE FOR APPLICATIONS FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES AND NOW, in consideration of the Motion to Dismiss Case filed by Ken West, Standing Trustee (“the Trustee”) (hereinafter "the Trustee"), and after notice and hearing, it is hereby ORDERED that: This above-captioned chapter 13 bankruptcy case is DISMISSED. Counsel for the Debtor shall file a master mailing list with the Clerk of the United States Bankruptcy Court if such has not been previously filed. Any wage orders previously entered are VACATED. Pursuant to 11 U.S.C. §349(b)(3), any undistributed Chapter 13 plan dividend payments in the possession of the aforesaid Trustee shall not revest in the entity in which such property had vested immediately prior to the commencement of this case. All other property of the estate shall revest pursuant to 11 U.S.C. §349(b)(3). All applications for allowance of administrative expenses (including applications for allowances of professional fees) shall be filed within twenty (20) days of the entry of this Order. Counsel for the Debtor shall serve this Order by first class mail, postage prepaid, on all interested parties within five (5) days of the entry of this Order. Counsel shall file a Certification of Service confirming that such service has been accomplished within fifteen (15) days of the entry of this Order. 1. 2. 3. 4. 5. 6. Date: Hon. Patricia M. Mayer U.S. Bankruptcy Judge

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UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: Debtor[s] . Chapter 13 Case No. (PMM) : : : : : ORDER GRANTING MOTION TO MODIFY PLAN AND NOW upon consideration of the Debtor[s’] Motion to Modify the confirmed chapter 13 Plan (doc. # ___, the “Motion”); It is hereby ordered that 1) The Motion is granted; and 2) The Modified Plan (doc. # ___) is approved. Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE:, : Debtor : : : : Chapter Bky. No. PMM O R D E R AND NOW, upon consideration of the Debtor’s Motion to Extend the Automatic Stay under 11 U.S.C. §362(c)(3)(B) (doc. #7, the “Motion”) and after notice and hearing, and there being no opposition to the Motion; It is hereby ORDERED that: 1) The Motion is granted; and 2) The automatic stay is extended with respect to all creditors who were served with the Motion or Notice of the Motion and shall remain in effect unless modified by the court in accordance with 11 U.S.C. §362(d) and Fed.R. Bankr. P. 4001(a). Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT Eastern District of Pennsylvania In re: Debtor(s) Case No. Chapter ORDER GRANTING APPLICATION FOR PAYMENT OF UNCLAIMED FUNDS On , an application was filed for the Claimant(s), , for payment of unclaimed funds deposited with the court, pursuant to 11 U.S.C. § 347(a). The application and supporting documentation establish that the Claimant(s) is/are entitled to the unclaimed funds; accordingly, it is hereby ORDERED that, pursuant to 28 U.S.C. § 2042, the sum of $ unclaimed funds be made payable to and be disbursed to the payee at the following address: The Clerk will disburse these funds not earlier than 14 days after entry of this order. held in . Date: PATRICIA M. MAYER U.S. BANKRUPTCY JUDGE

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