Report of Parties’ Planning Meeting for Judge Robinson (updated 6/25/2024); Instructions for Mortgage Modifications and Motions to Incur Debt

=== Report of Parties’ Planning Meeting for Judge Robinson (updated 6/25/2024) ===

JJR June 2024 UNITED STATES BANKRUPTCY COURT Northern District of Alabama, Eastern Division In re: [Insert name(s) of debtor(s)] } } } } } } ______________________________________________________________ CHAPTER CASE NO. Debtor(s), [Insert name(s) of plaintiff(s)], Plaintiff(s) v. [Insert name(s) of defendant(s)], Defendant(s) } } } } } } } } } A.P. NO. REPORT OF PARTIES' PLANNING MEETING INSTRUCTIONS: Please complete this Report during the Fed. R. Civ. P. 26(f) conference of parties. File the completed Report with the Clerk of Court, and e-mail a copy in Microsoft Word format to [email protected]. The parties are free to change any of the dates or deadlines already included this Report, and the Court will use this Report in completing the Scheduling Order. However, the final Scheduling Order will supersede any dates or deadlines requested in this Report. In this Adversary Proceeding, the parties and their counsel shall timely comply with the following: 1. Pre-Discovery Disclosures. The parties [have exchanged][will exchange by] [date] the information required by Fed. R. Civ. P. 26(a)(1). 2. Discovery Limitations and Deadlines. a. Discovery will be needed on the following subjects: [briefly describe]. b. All discovery will be commenced in time to be completed by [date]. c. Maximum of ___ interrogatories by each party to any other party. Responses due 30 days after service. JJR June 2024 d. Maximum of ___request for admission by each party to any other party. Responses due 30 days after service. e. Maximum of ___ depositions by plaintiff(s) and ___ by defendant(s). f. Each deposition [other than of ________] is limited to maximum of ___ hours unless extended by agreement of parties. Parties and counsel shall be reasonable and cooperate in order to complete depositions. g. Reports from retained experts under Fed. R. Civ. P. 26(a)(2)(B) due: From plaintiff(s) [date]; From defendant(s) [date]. h. Supplementations under Fed. R. Civ. P. 26(e), are due in writing within 15 days after a party or counsel learns of information that requires supplementation or correction of prior discovery responses; provided that if such information is learned within 15 days before or during trial, then supplementation or correction is due immediately. 3. Additional Parties and Amendments to Pleadings. Plaintiff(s) are allowed until [date] to join additional parties and until [date] to amend the pleadings. 4. 5. Defendant(s) are allowed until [date] to join additional parties and until [date] to amend the pleadings. Dispositive Motions. All potentially dispositive motions are to be filed by [date]. All responses thereto are due 14 days after service of the motion unless the court orders otherwise. Memoranda, briefs, affidavits, deposition excerpts, discovery responses, authorities, and other supporting materials are to be filed with the motions and responses. The Court will notify the parties of any hearing on any such motion and response. The Court may rule on dispositive motions without a hearing. Final Witness and Exhibit Lists - Objections. Final lists of witnesses and exhibits for trial under Fed. R. Civ. P. 26(a)(3) are due 30 days before trial. Motions in Limine are due at the time final witness and exhibit lists are filed. Parties have 14 days after service of final lists of witnesses and exhibits to serve objections under Fed. R. Civ. P. 26(a)(3). Objections not timely made and served, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, are waived unless excused by the Court for good cause. 6. Pretrial Conference. A pretrial conference will be held approximately two weeks before trial. Any counsel and pro se party may attend by telephone if they furnish the Courtroom Deputy with their telephone number at least two business days before the JJR June 2024 7. 8. 9. conference. Counsel and pro se parties are to be available at these telephone numbers for one hour from the set time for the conference. Trial. This Adversary Proceeding will be ready for trial by [date]. Parties and witnesses are expected to be fully prepared to go forward with trial on such date and at such time. The parties estimate trial will take ____ [hours/days]. The Court may set time limits for each party to put on their case. Continuances will be allowed only under exceptional circumstances not within the control or reasonable expectations of counsel and the parties. Core. Expressly state each party’s position as to the core or non-core nature of the proceeding. If a party believes an aspect of this proceeding is non-core, state with particularity which aspects are believed to be core and which are non-core, and by which party. Consent to Entry of Final Orders by Bankruptcy Court. Regardless of the core/ non-core designation, do the parties consent to the entry of final orders by the bankruptcy court, subject to normal appellate review under 28 U.S.C. § 158? [expressly state yes or no for each party, and if no, describe with particularity the aspect(s) of this proceeding for which such consent is withheld, and by which party]. 10. Other. _____________________________________ Signature of Attorney for Plaintiff (or pro se Plaintiff) ________________________________________ Signature of Attorney for Defendant (or pro se Defendant)

=== Instructions for Mortgage Modifications and Motions to Incur Debt ===

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION In re: Mortgage Modifications and Motions to Incur Debt } } } INSTRUCTIONS ON FILING A MOTION TO AUTHORIZE MORTGAGE MODIFICATION OR MOTION TO INCUR DEBT Pursuant to the Rules of Construction in 11 U.S.C. § 102, effective July 11, 2012, the Court will consider (1) motions to authorize home mortgage loan modifications and (2) motions to incur new debt for the purpose of purchasing a vehicle to be filed with a notice and opportunity for hearing (“negative notice”). I. MOTIONS TO INCUR DEBT FOR THE PURCHASE OF A VEHICLE These motions MUST be sent out on negative notice. The filer will need to include the requisite negative notice provisions when filing the motion if negative notice is preferred; otherwise, a hearing will be set. See Section III below. The body of the Motion shall disclose: 1. The make, model, and year of vehicle being purchased 2. The name of the lender 3. The total purchase price of the vehicle 4. The amount being financed and the amount being paid out-of-pocket 5. The interest rate 6. The monthly payment Motions shall have attached legible copies of the following: a. The proposed retail purchase contract (required) b. Truth-in-lending disclosures (required) c. Amended schedules I and J that take into account the proposed vehicle loan payments (required) II. MOTIONS TO MODIFY EXISTING SECURED HOME MORTGAGE DEBT These motions MUST be sent out on negative notice UNLESS the proposed modification concerns a reverse mortgage OR the filer is acting pro se. If either counsel for the debtor, counsel for the lender, or the Chapter 13 Trustee files a motion to modify (except those concerning a reverse mortgage) without the requisite negative notice provisions the Clerk will process a Notice of Incorrect Event and the motion will not be further considered by the Court. See Section III below. The body of the Motion shall disclose: 1. The purpose of the transaction 2. Name of the mortgage creditor 3. Current principal balance and the new principal balance under the modification 4. Current monthly payment and the new principal payment under the modification 5. Current interest rate and the new interest rate under the modification 6. The pre-modification maturity date and the new maturity date under the modification 7. Amount of arrears to be capitalized and added to the principal balance 8. Fees and expenses to be paid by the debtor or added to the principal balance 9. Cash proceeds, if any, that the debtor will receive from the modification 10. Balance of arrearage claim, if applicable, will be disallowed with any arrears to be paid in the mortgage modification Motions shall have attached legible copies of the following: a. Modification agreement or refinancing agreement (required) b. Truth in Lending disclosures (if not available, indicate such) c. HUD-1 financing statement (if not available, indicate such) III. APPLICABLE TO BOTH TYPES OF MOTIONS: - - The Motion must be served with a Notice and Opportunity for Hearing providing that any party who wishes to object must file an objection within 21 days. Absent objection, the Court may enter an order granting the relief sought in the motion without a hearing. The Motion must be served on the Trustee, the creditor financing the transaction, and all other creditors. The certificate of service must clearly set forth the name of the creditor financing the transaction, the name of the individual or officer served, and the address at which the creditor was served.