INSTRUCTIONS FOR ELECTRONIC OPEN CALENDARING PROCEDURE

IN CASES ASSIGNED TO JUDGE MURPHY

This procedure applies to attorneys and must be used, with certain exceptions listed below, for all motions, applications and objections in Chapter 7 and Chapter 13 cases. It replaces the prior procedure for scheduling hearings. The types of motions and other proceedings to which the open calendaring procedure applies and does not apply are listed below.

This procedure should be used for original and reset hearings.

First, select a date and time from the list of currently available dates for the chapter of the case. (Consult the Federal Rules of Bankruptcy Procedure to determine required time for notice of hearing.)

Second, prepare a notice. Use only a form that comports with Judge Murphy’s forms, which are available at www.ganb.uscourts.gov, then from the menu on the left, click on Chambers and click on Murphy, J.

Third, insert into the notice prepared by you the date, time and location you select from the list of available hearing dates and times.

Fourth, file and serve the motion and notice of hearing.

Fifth, file a certificate of service no later than three (3) days after service. If the pleading and notice of hearing are served at the time of filing, the certificate of service may be filed at that time also. Combine the notice, motion (or application or objection), brief (if any), and certificate of service in one document.

If the original motion, application or objection is filed electronically and if all parties agree on the date, you may self-select hearing dates and times to reset a hearing.

Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar online in the CM/ECF system.

The motion and notice must be served and filed at least 14 days prior to the hearing date.

EXCEPTIONS - Do not use this procedure for:

Consent Motions (orders attached)

Chapter 13 Confirmation Hearings

Adversary Proceedings

Motions to Conduct a 2004 Examination

Applications to Employ Professionals

Motions to Avoid Liens

Chapter 11 cases

Motions to Redeem

Emergency motions

Ex Parté Motions for Relief from Stay Pursuant to BLR 4001

Hearings that will require longer than 15 minutes

To obtain hearing dates for the above (“exceptions”) proceedings, contact:

Sandra Buckley, Judge Murphy’s Courtroom Deputy Clerk

404-215-1009, email Sandy_Buckley@ganb.uscourts.gov

Any motion including a request for an emergency hearing must clearly set forth the nature and cause of the emergency.

USE THE OPEN CALENDARING PROCEDURE FOR:

Objection to claim

Objection to exemption(s)

Motion to suspend Chapter 13 plan payments

Motion to vacate order of dismissal

Motion for extension of time to file a complaint to determine dischargeability or objection to discharge

Motion of Debtor to dismiss Chapter 7 case

Post-confirmation motion of creditor to dismiss Chapter 7 or Chapter 13 case

Applications for compensation of professionals

Motion to lift stay in Chapter 7 and Chapter 13 cases

Motion to reopen case

Motion to validate foreclosure

NOTE:

All pro se pleadings will be reviewed and hearings will be scheduled by the Courtroom Deputy.

HELPFUL HINTS:

Always check the list of currently available dates and times when setting a hearing, because a date or time may be removed from the list at any time.

A motion to dismiss or convert a Chapter 13 case or a motion for relief from stay may be scheduled for hearing at the time and date of the confirmation hearing in that case, if the motion is filed at least 14 days before the hearing date.

Please make sure you fill in the date, time and place on the hearing information screen. Hearings before Judge Murphy are held in Courtroom 1204. On the screen which permits the user to add docket text, type in the words "and Notice of Hearing" after the description of your pleading. Make sure the notice of hearing is included as a part of the PDF document and that it follows the motion, even though, when you serve it, you may put the notice of hearing on top of the motion.

Do not deliver a paper copy to the Clerk or to Chambers if you file electronically