Home » Procedures » Judge Morgan » Order Setting Telephonic Hearing for Relief from Stay (Chapter 13 - Salinas cases only)

Order Setting Telephonic Hearing for Relief from Stay (Chapter 13 - Salinas cases only)

»
File Attachment(s): 
Jdg Morgan OrdSettingTelephonicRSHearing.pdf
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

In re Case No.:

R.S. No.:

Chapter 13

Debtor(s) Order Setting Telephonic Hearing For Relief From Stay

 

    IT IS HEREBY ORDERED that a preliminary hearing will be held telephonically on at , or as soon thereafter as the matter may be heard, to consider the attached motion for relief from stay. This Order modifies Bankruptcy Local Rule 4001-1 by requiring telephonic, rather than personal appearances, by the parties on a motion for relief from stay. The moving party shall complete the information in this Order, serve a copy of this Order with the moving papers, and file all pleadings as well as proof of service, at least fifteen days prior to the noticed hearing date.

    Moving party shall pay the cost of the telephone conference with Court Conference (1-866-582-6878). Court Conference will place telephone calls to                         , counsel for moving party, at                     and to                     , counsel for the debtor, at                     . (Use an office telephone number for counsel or a home telephone number for a party.) If incorrect, debtor’s counsel or the debtor, if self-represented, shall provide the correct number or an alternate number to Court Conference no later than 24 hours in advance of the hearing. At any continued hearing the parties are required to notify Court Conference no less than 24 hours in advance of any change in the telephone number. If the parties seek a continuance of the telephonic hearing, notice must be given to the calendar secretary no later than 48 hours prior to the scheduled hearing. Any questions regarding procedures for the telephonic hearing may be directed to Court Conference at 1-800-538-7633.

The parties shall, in good faith, confer before the hearing regarding the issues raised by the motion and resolution of the motion. If debtor’s counsel or the debtor does not appear telephonically, the Court may presume there is no opposition to the motion. If either counsel or the parties abuse the process for telephonic hearings, the Court may order sanctions, which may include removing the matter from the calendar, granting relief from the automatic stay, or awarding monetary sanctions, as appears just under the circumstances.

 

/s/ MARILYN MORGAN
UNITED STATES BANKRUPTCY JUDGE