Requesting that a Hearing be Adjourned or Canceled; Procedure for Self-Scheduled Hearings

=== Requesting that a Hearing be Adjourned or Canceled ===

Canceling or Rescheduling a Hearing Canceling a hearing: The court will cancel a hearing only if a written resolution (such as a stipulation or withdrawal of a motion or objection) is filed by the deadline indicated below. If the resolution is not filed by that time, the court may proceed with the hearing. Failure to appear may result in the court ruling against the non-appearing party. • For all evidentiary hearings or trials, the written resolution must be filed by 4:00 p.m. the business day before the hearing. • For preliminary hearings scheduled to begin before 12:00 p.m., the written resolution must be filed by 4:00 p.m. the business day before the hearing. • For preliminary hearings scheduled to begin after 12:00 p.m., the written resolution must be filed by 11:00 a.m. the day of the hearing. Rescheduling an evidentiary hearing: For adjournment of an evidentiary hearing, the parties must file a joint letter request on the docket, no later than three business days prior to the hearing, stating the reason for the request and whether any parties will be prejudiced by the adjournment. Generally, the court will grant such a request only in extraordinary circumstances. Rescheduling a preliminary hearing: A party may request to reschedule a preliminary hearing (except for a hearing on a motion seeking relief from the automatic stay, see below) in one of two ways. 1. 2. The party may contact chambers at 414-290-2670 with all other interested parties on the line to reschedule the hearing to a different date. The party may file a letter with the court requesting that the hearing be rescheduled. The letter must include the reason why the party is making the request, the efforts taken to contact the other parties to obtain their consent to rescheduling the hearing, and at least two alternate dates that the party (and/or their counsel) is available. For chapter 13 cases, the alternate dates should be Tuesdays. Hearings on motions for relief from the automatic stay must be heard within 30 days after the motion is filed or relief may be provided to the movant as a matter of law. See 11 U.S.C. § 362(e)(1). This requirement also applies to renewed motions made by letter. If parties seek to reschedule the hearing beyond 30 days after the motion is filed, they must file a joint letter request explaining the circumstances for the request. Any joint letter request should include at least two alternate dates and be filed in sufficient time before the hearing to allow the court to review the request and rule on it. The court will not adjourn a hearing on a motion for relief from stay beyond 30 days after the motion is filed based on a telephonic request.

=== Procedure for Self-Scheduled Hearings ===

Procedure to Self-Schedule Hearings for Certain Chapter 13 Matters: A. The following procedures apply to hearings on: 1. D 2. Chapter 13 objections to a chapter 13 motions to dismiss; and objections to confirmation. B. The objecting party (the counsel or the chapter 13 trustee) must file a notice of hearing and schedule the hearing date when filing the objection. C. This procedure does not apply to motions/objections filed by creditors. 1. If you are not a Chapter 13 trustee and have filed an objection to confirmation, the Court will schedule a hearing on your objection or otherwise rule on the objection. 2. If a creditor files a motion to dismiss, the Court will schedule a hearing on the motion if the debtor timely objects. 3. Contact chambers (414-290-2670) if you need to choose a hearing date other than the available dates in CM-ECF. D. Filing the Objection: 1. Find the hearing date in CM-ECF. a. In CM-ECF go to the Reports Tab and look under Chambers Reports/Functions b. Click on Chamber and select Judge Blise name from the drop-down menu c. This will display a table listing the available presets for Judge Blise, as of the date you run the report. Choose a date and time to schedule your hearing, based on the trustee assigned to the case (Lieske or Garcia). 2. Add the hearing date to your notice. a. Once you select an appropriate hearing date and time, add the hearing date and time to your notice (or include the language from the notice as part of the Objection document). b. https://www.wieb.uscourts.gov/local-sample-forms Motion to Dismiss RMB must print and save to PDF before filing. The language in the form notice should be used by the chapter 13 trustees for objections to confirmation, with adaptations as appropriate. 3. Docket the Objection, Notice of Hearing, and Certificate of Service. a. Go to the Bankruptcy Tab, then select Answer/Response, Reference an Existing Motion/Application and enter the case number. b. For Chapter 13 objections to confirmation: Go to the Bankruptcy Tab, then select Trustee/US Trustee, enter the case number, and choose Objection to Confirmation of Plan in the selection menu. c. Make the following selection (DO NOT SKIP THIS STEP): d. Applicable to only objections to motions to dismiss: Pick Objection in the selection menu e. Select the filing attorney and party f. Attach the PDF of the objection and add attachments to the document (if attachments are applicable) i. Attach the PDF of the Notice of Hearing and PDF of the Certificate of Service (only if you are separately attaching a notice and certificate of service if not, skip this step) g. Refer to Existing Event and use the drop-down menu under Set/Reschedule Hearing Information to choose the hearing date/time from your notice. (If needed, the Chamber Presets link opens the available preset dates also found under Reports.) h. Link to the event filed (for debtors, the motion to dismiss; for trustees, the plan to which the trustee is objecting) E. Troubleshooting 1. If you the preset dates do not appear, try clearing the cache on your computer. 2. For questions on other technical problems with filing, please contact the CM-ECF Support Desk at 414-290-2700.