Upon written motion and for good cause shown, the Bankruptcy Court may shorten the time for notice and hearing with regard to an emergency matter requiring immediate attention or a matter requiring expedited consideration. The motion shall set forth in detail the necessity for such expedited procedure and shall contain the word “Emergency” or “Expedited” in the title of the motion. A party filing a pleading or motion that requires immediate judicial attention shall advise the chambers staff of the Bankruptcy Judge to which the matter is assigned of the filing of the pleading or motion.
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BLR 1001-1 Title
These are the Local Rules of Practice for the United States Bankruptcy Court for the Northern District of Georgia. They may be cited as BLR.
See BLR 7005-1, BLR 5005-8, and BLR 9013-3(a).
(a) The Bankruptcy Court may consider and determine certain matters without an actual hearing. The Bankruptcy Court’s General Order on Voluntary Notice Procedures governs the types of matters for which this procedure may be used and the required procedures and notice for consideration and approval of such matters without an actual hearing. This procedure may not be used if a request for one of the types of relief identified is combined with a request for relief for which a hearing is required.
(b) Nothing in this rule is intended to preclude the Bankruptcy Court from hearing the matter even if no objection is filed within the time permitted in the notice.
(a) Demand. Pursuant to 28 U.S.C. § 157(e) and Bankruptcy Rule 9015, a party must demand a trial by jury in accordance with Fed. R. Civ. P. 38(b). A demand must include a statement that the party does or does not consent to a jury trial conducted by the Bankruptcy Court.
(b) Specification of Issues. In accordance with Fed. R. Civ. P. 38(c), in the demand a party may specify the issues which the party wishes so tried; otherwise the party is deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party may, within fourteen days after service of the demand or such lesser time as the Bankruptcy Court may order, serve a demand for trial by jury of any other or all of the issues of fact in the action.
(c) Waiver. The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without consent of all the parties to the proceeding to be tried and leave of the District Court or Bankruptcy Court as appropriate.
(d) Determination of Right. If a jury demand is made, the Bankruptcy Judge shall determine whether the party has a right to trial by jury and if the demand is properly made.
If a trial by jury is properly demanded pursuant to BLR 9015-1 above, the Bankruptcy Clerk will notify the other parties of the right to expressly consent to a trial by jury in the Bankruptcy Court. The parties have thirty days after the date of said notice in which to execute and file a joint pleading consenting to the Bankruptcy Court presiding over the jury trial. Federal Rules of Civil Procedure 47, 48, 49, 50, and 51 are applicable to jury trials in adversary proceedings before a Bankruptcy Judge.
(a) Transfer to District Court. If the right to jury trial applies and a timely jury trial demand has been made, the Bankruptcy Judge shall transfer the contested matter or adversary proceeding to the District Court when the Bankruptcy Judge determines that the contested matter or adversary proceeding is ready for trial, unless the parties consent in a filing with the Bankruptcy Court to jury trial in the Bankruptcy Court. Prior to transferring the case, the Bankruptcy Judge will rule on all discovery motions, other pretrial motions, and summary judgment motions, as provided by law, and shall enter a pretrial order.
(b) Remand Upon Withdrawal of Jury Demand. When an adversary proceeding is transferred to the District Court under BLR 9015-3(a), and the parties then withdraw the jury demand, the adversary proceeding will be returned to the Bankruptcy Court for a bench trial, unless the District Judge orders otherwise.
(a) Marking, Listing, and Exchanging of Exhibits Prior to Hearing or Trial. A party that expects to offer exhibits into evidence at a hearing or trial must (1) sequentially number the exhibits prior to the hearing or trial and mark each exhibit with such number and the name of the introducing party or other appropriate identification (such as plaintiff, defendant, movant, respondent, debtor, creditor, trustee, etc.); (2) provide a list of such exhibits that the party may use as part of its case in chief to opposing counsel, to any unrepresented party, and to the Bankruptcy Court not later than the commencement of the hearing or trial if there are more than five exhibits; and (3) provide a copy of any exhibit for inspection and use by opposing counsel or unrepresented parties at the time it is first used at a hearing or trial. The provisions of this rule do not supersede the requirements of a pretrial order, scheduling order, and other BLR and Bankruptcy Rules that require the production or listing of documents at an earlier time.
(b) Custody of Exhibits Presented at Hearing or Trial. Unless the Bankruptcy Court orders otherwise, the courtroom deputy shall retain custody of exhibits offered into evidence at any hearing or trial until thirty days after the date on which the order, judgment, or recommendation entered in the proceeding in which the exhibits were introduced has become final and is not subject to further appeal, review, or consideration by the District Court, the Court of Appeals, or the Supreme Court. Within thirty days thereafter, the attorney for the introducing party, or an unrepresented introducing party, must retrieve from the courtroom deputy all exhibits offered by such party that are in the custody of the courtroom deputy. Exhibits that are not timely removed in accordance with this rule may be destroyed or otherwise disposed of by the Bankruptcy Clerk.
A motion to approve a compromise and any associated notice of hearing and order must be filed in the main case, if the main case has not been closed, and notice of the same must be filed in the adversary proceeding.
Motions for reconsideration should not be filed as a matter of routine practice. Whenever a party or attorney for a party believes grounds exist to justify filing a motion to reconsider an order or judgment, the moving party must file its motion with the Bankruptcy Clerk within fourteen days after entry of the order or judgment.
When an action or proceeding is removed to this Bankruptcy Court with pending motions on which briefs have not been submitted, the moving party must serve a memorandum in support of the motion within fourteen days after removal. Each party opposing the motion must respond in compliance with BLR 7007-1(c).