UPDATED PROTOCOLS ON HEARINGS IN MIDDLE DISTRICT BANKRUPTCY COURT FACILITIES EFFECTIVE AUGUST 1, 2022

Thursday, June 16, 2022

UPDATED PROTOCOLS ON HEARINGS IN MIDDLE DISTRICT BANKRUPTCY COURT FACILITIES EFFECTIVE AUGUST 1, 2022

As the pandemic has lessened in intensity and severity, many attorneys practicing in our district have asked whether the Court will continue some of the protocols that were instituted because of the pandemic, such as telephonic or video teleconference hearings. The Judges of this Court are today issuing Administrative Order #145 on Hearing Protocols in Middle District Bankruptcy Court Facilities as a result of your concerns and suggestions. In short, the order rescinds all of the pandemic-specific orders issued in 2020 and 2021 and replaces them with this new order which specifies:

•    Requirements for persons entering Court facilities related to an individual’s COVID-19 status (no change to previous guidance);

•    Guidance on use of masks or other face coverings (no change to previous guidance);

•    Denial of entry as well as removal procedures for individuals not complying with the order (no change to previous guidance);

•    The continued use of telephonic hearings for “mass calendar” events (chapter 13 motions to dismiss, chapter 13 plan confirmations, and motions for relief from stay) and pre-trial conferences. Participants in these matters will be required to follow directions on the court’s website. We currently use the AT&T Teleconference system, but be advised that the means of conducting telephonic hearings could change in the future.

•    Outlines the continued ability for in-person hearings to be requested subject to approval by the presiding Judge.

•    A requirement for all attorney-generated notices of motions or hearings to include language directing notice recipients to consult Administrative Order #145 for further guidance (which, of course, informs the notice recipient about the new protocols).

While, in effect, the Court is already conducting hearings under these protocols, they will become a fixture of Court proceedings for the future effective August 1, 2022.

You can access Administrative Order #145 Order on Hearing Protocols in Middle District Bankruptcy Facilities here.