CM/ECF may be unavailable for approximately 5 minutes between 6AM and noon on Saturday, April 18 for system maintenance.
Effective at 5:00 p.m. March 23, 2020 through and including at least May 1, 2020, the United States Courthouse at 517 East Wisconsin Avenue, Milwaukee, Wisconsin will be temporarily closed to the public.
In accordance with the "Bankruptcy Amendments and Federal Judgeship Act of 1984" which became effective on July 10, 1984, IT IS ORDERED that any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 shall be referred to the bankruptcy judges of this District. Dated at Milwaukee, Wisconsin, this 10th day of July, 1984.
In accordance with Rule 9029 of the Federal Rules of Bankruptcy Procedure and Rule 83 of the Federal Rules of Civil Procedure, IT IS ORDERED that the Bankruptcy Judges of this district are authorized to adopt rules of practice and procedure. Dated at Milwaukee, Wisconsin, this 13th day of December, 1993.
WHEREAS, the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, amending 11 U.S.C. § 707(b)(2)(D), providing temporary exclusion from the application of the means test for certain National Guard and Reserve members of the Armed Forces of the United States, becomes effective December 19, 2008; and WHEREAS, there is insufficient time before the Act becomes effective to promulgate rules to implement the Act;
THEREFORE, IT IS ORDERED:
Interim Bankruptcy Rule 1007-1 applies to all cases filed in the Bankruptcy Court for the Eastern District of Wisconsin beginning December 19, 2008, and thereafter, until further order of this court.
GENERAL ORDER AUTHORIZING CHAPTER 7 PANEL TRUSTEES TO INCUR AND PAY BANK FEES AND CHARGES FOR MAINTAINING ESTATE ACCOUNTS
Pursuant to LR 2070.1 of the Bankruptcy Court for the Eastern District of Wisconsin, the Court orders that:
(1) Panel trustees in the Eastern District of Wisconsin administering cases under Chapter 7 of the Bankruptcy Code are authorized to incur and pay any actual, necessary expenses (as contemplated by 11 U.S.C. § 330) for bank fees and charges directly related to the administration of estate accounts; and
(2) The above authorization is subject to the provisions of LR 2010.1(a) (providing that the trustee may not incur and pay expenses exceeding $1,000 without notice and approval of the Court) and LR 2017.1(d) (allowing creditors or the United Sates Trustee to demand advance notice of expenditures under certain circumstances).
This order is effective for all Chapter 7 cases pending on or after July 1, 2011, and shall remain in effect until further order of the Court.
On October 31, 2005, this Court adopted First Amended Standing Order (05-1). This Court adopted the current version of the Local Rules on November 1, 2017. Four of the five provisions of First Amended Standing Order were substantively incorporated into the current Local Rules, Model Plan, or the Appendix to Local Rules. See Bankr. E.D. Wis. L.R. 1007.2, 2002, 4001, 4004; Official Form Plan for the Eastern District of Wisconsin; and Appendix to Local Rules. The remaining provision of First Amended Standing Order regarding the delivery of payment advices is inconsistent with the current Local Rules.
Therefore, to avoid repetition or confusion, IT IS ORDERED that First Amended Standing Order (05-1) is vacated.
AMENDED GENERAL ORDER NO. 2 (08-1): VACATED
On October 12, 2018, this Court adopted Amended General Order No. 2 (08-1) to vacate General Order No. 1 and to keep Interim Bankruptcy Rule of Procedure 5012 in effect until further order by the court.
Interim Rule 5012 was abrogated in December 2010.
Therefore, IT IS FURTHER ORDERED that Amended General Order No. 2 (08-1) is vacated. General Order No. 1 will remain vacated.
GENERAL ORDER NO. 3 (08-2): RESTATED
This Court’s December 8, 2008 General Order No. 3 gives effect to Interim Rule 1007-I, which implements the National Guard and Reservists Debt Relief Act of 2008—an Act that provides a temporary exclusion from the means test for certain members of the Armed Forces—as well as all amendments to Interim Rule 1007-I. The order remains in effect and Interim Rule 1007-I and all amendments to it continue to apply in this court.
GENERAL ORDER (11-1): RESTATED
General Order 11-1, dated July 18, 2011, states: “Panel trustees . . . are authorized to incur and pay any actual, necessary expenses (as contemplated by 11 U.S.C. §330) for bank fees and charges directly related to the administration of estate accounts…” This Court did not include this authorization in Local Rule 2070(a), though the failure to do so appears to have resulted from oversight, rather than design. Consequently, the panel trustees continue to be authorized to incur and pay any actual, necessary expenses (as contemplated by 11 U.S.C. §330) for bank fees and charges directly related to the administration of estate accounts, subject to the terms of Local Rule 2070.
All prior general orders of the bankruptcy court that are not restated above are vacated.
On August 23, 2019, the Small Business Reorganization Act of 2019 (the “SBRA”) was enacted into law. The SBRA makes many substantive and procedural changes to the Bankruptcy Code and requires changes to the Federal Rules of Bankruptcy Procedure to implement those changes. The February 19, 2020 effective date of the SBRA occurs before the Bankruptcy Rules can be amended under the three-year process required by the Rules Enabling Act. Accordingly, the Advisory Committee on Bankruptcy Rules drafted, published for comment, and subsequently approved interim bankruptcy rules (the “SBRA Interim Rules”) for distribution to the courts. The Committee on Rules of Practice and Procedure approved the SBRA Interim Rules, and the Judicial Conference authorized distribution of the SBRA Interim Rules to courts for adoption locally to facilitate uniform implementation of the changes mandated by the SBRA.
NOW, THEREFORE, pursuant to 28 U.S.C. §2071, Rule 83 of the Federal Rules of Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached SBRA Interim Rules are adopted in their entirety without change by the judges of this Court to be effective February 19, 2020. For cases and proceedings not governed by the SBRA, the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other than the SBRA Interim Rules, shall apply. The SBRA Interim Rules remain in effect until further order of the Court.
Until further notice, the court will conduct all hearings by telephone, unless specifically ordered otherwise. Additionally, the court is requiring all persons to be by telephone; in-person appearances are allowed only if specifically ordered. The judges will likely reschedule pending evidentiary hearings that are not time sensitive. But the order also authorizes the taking of evidence by telephone or video conference, and the judges may conduct evidentiary hearings, especially more routine ones, by telephone. The court is also posting a modified notice for motions to continue the stay that provide for a telephonic evidentiary hearing. This new notice should be used while the court is operating under the COVID-19 plan.
Also, most court and clerk’s office staff will be teleworking. Counsel and parties who seek information about or relief from the court on specific matters, including rescheduling hearings, should make their inquiries and requests in writing, either by letter or motion. Persons making telephonic inquiries of the Clerk or court staff, about scheduling hearings or otherwise, should be prepared to leave a message; staff will be monitoring voicemails and will endeavor to act on them as soon as practical under the circumstances. The clerk’s office will remain open during regular business hours.
The court is discontinuing operation of the help desk until further notice. And all Lou Jones events scheduled for before June 1, 2020, are canceled.