DETROIT BANKRUPTCY CHAPTER 13 PROCEDURAL AND PRACTICE GUIDE

FOR EASTERN DISTRICT JUDGES 2008

PROCEDURAL MBM TJT WSF PJS SWR DOF

OR LEGAL
ISSUE
MOTION TO No affidavit No affidavit No affidavit Affidavit Affidavit If no
EXTEND/IMPO required required required required - recomme affidavit
SE may nded but , Judge
subject you not requires
to stern required. Debtor
look if you to testify
have failed under
to do so oath.
with the
motion.
FEE No hearing unless No hearing No hearing No hearing No No
APPLICATIONS objection filed. unless objection unless objection unless hearing hearing
filed. filed but will objection unless unless
require in filed or objection objectio
certain amount filed or n filed
circumstances exceeds amount but may
dollars amounts $3500 exceeds pose
for time spent WITHOU $3500. addition
as well as T adequate al
listing of time explanatio question
spent by each n. s
attorney in firm
MOTION TO In all but most In all but most In all but most Will not Will not Will not
REINSTATE unusual of unusual of unusual of reinstate reinstate reinstate
circumstances, will circumstances, circumstances, without a without a without
deny without will deny so long as hearing hearing a
hearing. without Debtor or and may and rarely hearing
hearing. counsel reinstate where and may
provides a with or there are reinstate
reasonable without unresolve with or
excuse will trustee d without
reinstate objections. objections trustee
without . objectio
hearing. ns.
STATUS Yes. Yes. Yes. Yes. No, Yes.
CONFERENCES unless the
PRIOR TO Judge is
HEARING FOR absent.
CONFIRMATIO
N
TWO OR MORE With consent of all With consent of With consent of Not Not With
ADJOURNMEN parties. all parties. all parties. typically without a consent
T REQUESTS without a hearing. of all
hearing. parties.
ABOVE No, best efforts No, best efforts No, best efforts Yes. No, best No, best
MEDIAN applies. applies. applies. efforts efforts
DEBTORS applies. applies.
ONLY PAY
WHAT MEANS
TEST
PROVIDES
CNR For 15 and 20 day For 15 and 20 For 15 and 20 For 15 and For 15 For 15
SUBMISSION motions, on the day day motions, day motions, 20 day and 20 and 20
following. five days five days motions, day day
following. following. on the day motions, motions,
following. five days five
following. days
followin
g.

FEE ORDER No language about No restrictions. No restrictions. No No No

LANGUAGE non-dischargability language restriction restrictio
or trustee making about non- s. ns.
distribution of fees dischargabi
permitted. lity or
trustee
making
distribution
of fees
permitted.
(Only
seems to
apply to
Ruskin.)
FEE Cannot exceed Time expended. Time expended. Time Time Time
APPLICATION $253.00 expended. expended. expende
FOR PLAN d.
REVIEWS

NOTICE OF Must include Must include Must include Must Must Must
MOTION Detroit Court Detroit Court Detroit Court include include include
address. address. address. Detroit Detroit Flint or
Court Court Bay City
address. address. Address.
BOOKMARKED Not enforced. Not enforced. Not enforced. Not Not Not
EXHIBITS IN enforced. enforced. enforced
MOTIONS .

MOTIONS TO Equity in property Change in Change in Change in Change in Change

EXTEND OR is predominant circumstances, circumstances, circumstan circumsta in
IMPOSE factor, followed by including new including new ces must nces must circumst
AUTOMATIC whether plan is attorney, attorney, be real. be real. If ances
STAY feasible. Most usually grounds usually grounds No hard creditor must be
motions where for granting of for granting of and fast or trustee real. No
prior case had pay motion. motion. rules. objects, hard and
history problems Motions to Motions to you have fast
will mandate 100% extend or extend or a rules but
current at impose are impose are snowball' tends to
confirmation rarely denied rarely denied s chance grant
language. but typically but typically in hell. these in
involve involve the
condition of condition of majority
100% one week 100% one week of cases.
prior to prior to
confirmation confirmation
and with and return of
motion to funds on hand
impose, a 180 or affidavit as
day bar to to where funds
refiling. spent.
Typically must
also have
affidavit as to
where funds
spent.
SANCTIONS Rare. Rare. Rare. Rare. To the Rare.
AGAINST extent
ATTORNEYS that
attorneys
who
request
frequent
and
unnecessa
ry
adjournm
ents
appear at
a hearing,
will deny
billing for
hearings.
Will also
sanction
infrequent
ly.
MOTION Before other cases After status After status Before Mixed in Mixed
HEARING are called. conference conference other cases with other in with
TIME cases are held. cases are held. are called. cases. other
cases.

DEBTOR- 7 7 10 8 5 9
FRIENDLY
(Scale of 1 to 10
and based on
decisions that
move in favor of
Debtors.)

CREDITOR- 4 5 2 6 9 2
TRUSTEE
FRIENDLY
(when parties are
opposing Debtor
confirmation or
motions.)
FEASIBILITY If Debtor is 100%, Rarely Rarely If Debtor is Even if Rarely
AS the trustee's contested but if contested but if 100%, the Debtor is conteste
CONTESTED objection is Debtor is Debtor is trustee's 100%, it's d but if
ISSUE typically overruled. 100%, the 100%, the objection a crap Debtor
trustee's trustee's is typically shoot. is 100%,
objection is objection is overruled. the
typically typically trustee's
overruled. overruled. objectio
n is
typically
overrule
d.
FAILURE TO No automatic No automatic No automatic No Automati No
FILE dismissal, dismissal, dismissal, automatic c automati
CONFIRMATIO depending on how depending on depending on dismissal, dismissal. c
N Trustee feels, may how Trustee how Trustee depending dismissa
CERTIFICATE go contested. feels, may go feels, may go on how l,
TIMELY OR AT contested. contested. Trustee dependi
ALL feels, may ng on
go how
contested. Trustee
feels,
may go
conteste
d.

MOTION TO Must submit order, Text order. Mostly must Must Text Must
IMPOSE/EXTE occasionally with submit order, submit order/sub submit
ND ORDER presentment to occasionally order, mission/5 order,
SUBMISSION objecting parties. with occasionall 0/50. occasion
PROCEDURE presentment to y with ally with
objecting presentmen present
parties. t to ment to
Occasional text objecting objectin
order. parties. g
parties.
OCP Because this is a Must submit Must submit Ruskin: Trustee Must
SUBMISSION Ruskin-only Judge, electronically electronically must will submit
[Note: this may must submit within 24 hours within 24 hours submit submit electroni
have more to do electronically of confirmation of confirmation electronica order for cally
with the particular within 24 hours of hearing. hearing. lly within you. within
trustee than the confirmation Discrepencies Discrepencies 24 hours of 24 hours
judge.] hearing. Failure to are typically are typically confirmati of
do so or to have handled by handled by on hearing. confirm
conflicting agreement agreement Failure to ation
language may without without do so or to hearing.
subject you to a contested contested have Discrepe
discrepency hearing docket unless docket unless conflicting ncies are
(aka Ruskin water attorney fails to attorney fails to language typically
torture). respond to respond to may handled
trustee. trustee. subject you by
to a agreeme
discrepenc nt
y hearing without
(aka conteste
Ruskin d docket
water unless
torture). attorney
fails to
Carroll: respond
to
Trustee trustee.
will submit
order for
you.

180 Day Bar Only under Only under Rarely. Only under More than Rarely.
situations of clear situations of situations average.
abuse. clear abuse or of clear
as a matter of abuse.
course for the
majority of 3rd
filings within a
one year period.
Humor permitted Yes - has been Will smile Not known to Does his On Will
known to laugh at slightly and is laugh or make best to averge, smile
humorous known to make jokes in Court, mask one slightly
situations and some occasional light but as of yet laughter humorous but is
comments by of Debtor nobody has during comment known
Debtor attorneys. counsel tried knock some every to make
If you have some comments. knock jokes. wacky pro- week is occasion
funny lines, this se provided al light
Judge is most likely harangues by the of
to laugh at them. but rarely Judge and Debtor
laughs they are counsel
openly or truly commen
jokes in funny. ts.
Court. However,
Occasional if you try
ly inserts to make a
humor into funny
Court. comment,
do not
pass go,
do not
collect
$200.

DEMEANOR Easy going. Somewhat less Very easy Moderately This is Easy
Relatively easy going. Do going. easy going the Chief going.
forgiving of Debtor not be late. but be Judge. Relative
counsel slip-ups. careful on Many a ly
bad days. Debtor forgivin
counsel g of
has Debtor
cowered counsel
in fear of slip-ups.
having
pleadings
shown on
Court
room
projector
for all to
behold.