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New Rules for Emergency Motions

Posted on in Bankruptcy

The Northern District of Illinois United States Bankruptcy Court has a new procedure in place for filing emergency bankruptcy motions, according to a recent announcement by the court's bankruptcy liaison committee.

Before this change went into effect, most judges allowed an attorney who wanted to file an emergency motion to contact the judge's chambers in order to seek permission to file the motion. Once approval of a date and time was given, the attorney would file the emergency motion.

But the new General Order (12-01) requires a formalized emergency motion procedure. Before filing the emergency motion, an attorney or pro se debtor must now file an Application to Set Hearing on Emergency Motion.

The following information must be included in the application:

  • The reasons why the motion should be considered an emergency.
  • The proposed timeframe for hearing the motion.
  • Include an attachment of the actual emergency motion.

There is no requirement with the application of notifying parties, however the person requesting the emergency motion must contact the judge assigned to the case to have the application granted. If the assigned judge is not available, then the emergency judge must be contacted. Any party who objects to the motion being heard as an emergency may raise that objection in their response to the motion.

If the application for emergency motion is granted, then the appropriate notice and certificate of service, including immediate notice via phone, fax, or personal service on all parties entitled to notice must be made.

The bankruptcy process can be a complicated one. If you are considering filing, consult with an experienced Illinois attorney to ensure that all your rights are protected.

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