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General Orders

Administrative Order 2004-1(S)

IN RE: Matters of Chapter 13 Case Administration

ORDER DISCHARGING PREDECESSOR
TRUSTEE AT THE SAME TIME AS THE SUCCESSOR TRUSTEE 

Sylvia Ford Brown and M. Elaina Massey, Standing Chapter 13 Trustees for the Southern District of Georgia filed a joint motion to discharge the predecessor Trustee at the same time as the successor Trustee. The Court has read and reviewed the motion and hereby finds that the motion has merit. 

IT IS THEREFORE ORDERED that the joint motion is granted.

IT IS FURTHER ORDERED that until further order of this Court, whenever this Court issues an order discharging a Standing Trustee, that same order shall act as a discharge of a predecessor Trustee if there has been one in the case. 

IT IS FURTHER ORDERED that the discharge of the predecessor Trustee shall  occur contemporaneously with the discharge of the successor Trustee regardless whether the predecessor Trustee was mentioned in the order discharging the successor Trustee. 

IT IS FURTHER ORDERED and this Court specifically finds that the same type discharge shall be granted to Barnee C. Baxter who is not a party to this motion, but serves as a Standing Trustee in the Southern District of Georgia.

IT IS SO ORDERED this 15th day of January, 2004

HONORABLE LAMAR W DAVIS, JR.
CHIEF BANKRUPTCY JUDGE

General Order 1995-5 [Leaves of Absence]

This general order establishes procedures for requests for leave of absence by attorneys and the granting of such requests by this Court. The Court recognizes the necessity for leaves of absence for personal and professional reasons. Every reasonable effort will be made to accommodate such requests.

Accordingly, all leave requests will be submitted in accordance with this general order and granted subject to the following restrictions:

(1) All leave requests will be by letter addressed to "Judges United States Bankruptcy Court" and delivered to the Clerk of this Court. The leave request shall specify the inclusive dates covered and shall include a list of all cases involving counsel wherein a hearing, section 341 meeting, Rule 2004 examination or other discovery examination has been scheduled during the leave period and the name of the Judge handling the matter. If the matter scheduled is a contested matter the name, address and telephone number of opposing counsel must also be disclosed. It is permissible to recruit substitute counsel to appear, provided substitute counsel is aware of the circumstances of the case and can adequately represent the client's interest at such hearing. If substitute counsel has been recruited, the request for leave shall note the name, address and telephone number of substituted counsel for each matter. Based upon the disclosure of pending matters, the Clerk will refer the leave request to the appropriate Judge. In the event that counsel seeking leave has no matters pending, the Clerk is authorized to grant the leave request.

(2) In the event substitute counsel is not available, counsel IS ORDERED to file a motion for continuance in each scheduled hearing and attach a copy of the motion as an exhibit to the leave request. The hearing on any such motion must be scheduled before the beginning of the leave period, with adequate notice of the hearing to the trustee and other parties in interest as directed by the Court.

(3) If a notice scheduling a hearing during a period in which leave has been granted is issued, the Court will be responsible for advising opposing counsel and/or the trustee and rescheduling the hearing.

(4) In the event an emergency or urgent matter requires that a hearing be conducted during the period of the leave of absence, the Court retains discretion to schedule a hearing despite the leave of absence. Accordingly, all requests for leave must be accompanied by a designation of another member of the bar of this Court who has agreed to be available to respond to such an emergency.

(5) All responses from the Court granting leave shall state the following: 
Your request for leave of absence for the period beginning [date] and ending [date] is granted subject to and in accordance with the provisions of General Order Number 1995-5 of this Court.

Leaves of absence granted by any Judge or the Clerk of this Court are effective in all matters pending in this Court.

Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

James D. Walker, Jr.
United States Bankruptcy Judge

General Order 1997-2 [Chapter 13 Proposed Plan Agreements]

In all Chapter 13 cases where confirmation hearings are held after June 1, 1997, all changes to the proposed plan made at confirmation shall be noted on a "Trustee's Motion to Confirm Plan as Amended" form which is attached hereto, or as such form may be modified by the Court, and shall be filed in the case.

John S. Dalis
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

James D. Walker, Jr.
United States Bankruptcy Judge

SO ORDERED AND DATED AT AUGUSTA, GEORGIA
THIS 30th DAY OF MAY, 1997.

General Order 1997-3 [Chapter 13 Trustee's Report]

In all Chapter 13 cases confirmed after October 1, 1997, the Chapter 13 Trustee shall file with the Court and serve upon all creditors filing claims as soon as practical following confirmation the Trustee's report of all claims filed in the case and the Trustee's treatment of such claims under the plan as confirmed.

John S. Dalis
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge

James D. Walker, Jr.
United States Bankruptcy Judge

SO ORDERED AND DATED AT AUGUSTA, GEORGIA

THIS 29th DAY OF AUGUST, 1997.

General Order 2003-1

Federal Rule of Bankruptcy Procedure 9014(e) effective December 1, 2002 requires the court to “provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify.” In order to meet that requirement, it is hereby ORDERED that unless the notice of hearing provides to the contrary, all hearings before the court are evidentiary hearings at which witnesses may testify.

John S. Dalis
Chief United States Bankruptcy Judge

Lamar W. Davis, Jr.
United States Bankruptcy Judge 

James D. Walker, Jr.
United States Bankruptcy Judge 

Entered at Savannah, Georgia this 7th day of February, 2003.

General Order 2005-1

(Amended per General Order 2009-1 and amended per Amended General Order 2005-1)

[Negative Notice Procedures]

Pursuant to direction of the Court, the Clerk issued a notice of procedural changes January 16, 2001, amended effective January 10, 2005, establishing negative notice procedures with the following types of pleadings:

Motion for Relief from Co-Debtor Stay (Chapters 12 and 13)
Objection to Claim (Chapters 7, 12 and 13)
Motion to Redeem Property (Chapters 7, 12 and 13)
Motion to Avoid Lien (Chapters 7, 12 and 13)
Modification of Plan After Confirmation (Chapters 12 and 13)
Motion to Approve Compromise or Settlement (Chapter 7)

IT IS HEREBY ORDERED that any party seeking relief of the nature set forth above file the applicable pleading and adhere to the service and notice procedures set forth on the Court’s website, www.gas.uscourts.gov under “Local Rules and General Orders,” as those procedures now appear or may hereafter be modified. Click here for Negative Notice Procedures

IT IS FURTHER ORDERED that upon the expiration of the deadline for any objection to the relief sought in such pleading, the Clerk is directed to forward the proposed order granting the relief requested to the presiding Judge in the case who may, without further notice or hearing to any party, enter said order. If an objection is timely filed, the matter will be set for a hearing before the Court pursuant to a notice issued by the Clerk and returned to the moving party for service in accordance with the Bankruptcy Code and Rules.

This 23rd day of March, 2005.

Lamar W. Davis, Jr
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

James D. Walker, Jr.
United States Bankruptcy Judge

General Order 2005-1, Amended [Negative Notice Procedures]

(posted Apr. 25, 2005; This order amends General Order 2005-1 establishing negative notice procedures for certain pleadings.)

General Order Number 2005-1 entered on March 23, 2005, is amended to read as follows:

Pursuant to direction of the Court, the Clerk issued a notice of procedural changes January 16, 2001, amended effective January 10, 2005, establishing negative notice procedures with the following types of pleadings:

Motion for Relief from Co-Debtor Stay (Chapter 13)
Objection to Claim (Chapters 7, 11 and 13)
Motion to Redeem Property (Chapters 7 and 13)
Motion to Avoid Lien (Chapters 7 and 13)
Modification of Plan After Confirmation (Chapter 13)
Motion to Approve Compromise or Settlement (Chapter 7)
Motion for Direct Pay (Chapter 13) 

IT IS HEREBY ORDERED that any party seeking relief of the nature set forth above file the applicable pleading and adhere to the service and notice procedures set forth on the Court’s website, www.gasb.uscourts.gov , as those procedures now appear or may hereafter be modified.

IT IS FURTHER ORDERED that upon the expiration of the deadline for any objection to the relief sought in such pleading, the Clerk is directed to forward the proposed order granting the relief requested to the presiding Judge in the case who may, without further notice or hearing to any party, enter said order. If an objection is timely filed, the matter will be set for a hearing before the Court pursuant to a notice issued by the Clerk and returned to the moving party for service in accordance with the Bankruptcy Code and Rules.

This 22nd day of April, 2005.

Lamar W. Davis, Jr
Chief United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

James D. Walker, Jr.
United States Bankruptcy Judge

(click here to view Negative Notice PDF)

General Order 2005-3

(posted Oct. 13, 2005; This existing order vacates certain existing General Orders, and adopts a new Chapter 13 Plan and Motion, and a new Modification to Chapter 13 Plan. These new standard Plan and Modification forms are required to be used in all Chapter 13 cases filed on or after October 17, 2005.)

The following General Orders of this Court are vacated:

General Order 12 (1994)
General Order 1995-2
General Order 1996-2
General Order 1997-1
General Order 2001-1

In all Chapter 13 cases filed on or after October 17, 2005, counsel for the debtors are required to utilize the Chapter 13 Plan and Motion and, if applicable, the Modification to Chapter 13 Plan After Confirmation, promulgated and distributed in this District which is attached hereto and posted on the Court's website at www.gasb.uscourts.gov. Counsel's signature on the petition and in any other pleadings in the case shall be deemed to constitute a certification by counsel that the text of the Plan or Modification is identical in every respect to the terms of the standard form Plan or Modification.

If the debtor proposes a Plan or Modification which deviates from the standard form, the Plan or Modification shall contain the following in all capital letters and underlined text:

SEE ATTACHED PAGE FOR NON-STANDARD PLAN PROViSIONS

Failure to comply with the terms of this Order shall be grounds for immediate dismissal of debtor's case and imposition of sanctions on the attorney of record.

This 13th day of October, 2005.

Lamar W. Davis, Jr.
Chief United States Bankupcty Judge 

John S. Dalis
United States Bankupcty Judge 

Fillable and Printable Chapter 13 Plan and Motion

General Order 2007-1

(posted March 1, 2007) 

Petitions Filed Without Filing Fees

28 U.S.C. § 1930 sets forth the fee required to be paid upon commencing a case under Title 11. Bankruptcy Rule 1006 [Interim] requires payment of the prescribed fee upon the filing of the case unless an application to pay the fee in installments is filed as authorized by the Rule or unless, in a Chapter 7 case, an application to proceed in forma pauperis is filed in accordance with the Rule.

IT IS HEREBY ORDERED that any petition filed without payment of the appropriate fee, application to pay in installments, or application to proceed in forma pauperis shall be dismissed immediately. 

Dated this 1st day of March, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

General Order 2007-3

(posted March 1, 2007)

Duty of Debtor(s) to Provide Tax Returns

11 U.S.C. § 521(e)(2)(A) requires debtors to provide, no later than seven (7) days before the date first set for the first meeting of creditors, the trustee a copy of their federal income tax return for the most recent tax year ending immediately before the commencement of the case and for which a federal income tax return was filed. Debtor(s) shall provide copies of such tax returns to the creditor(s) as required by 11 U.S.C. § 521, but SHALL NOT file copies with the Court. 

IT IS HEREBY ORDERED that if the Debtor(s) does not comply with 11 U.S.C. §521, the Court may dismiss the case unless the Debtor(s) demonstrates that the failure to so comply is due to circumstances beyond the control of the Debtor(s).

Dated this 1st day of March, 2007.

Lamar W. Davis, Jr.
United States Bankruptcy Judge

John S. Dalis
United States Bankruptcy Judge

Susan D. Barrett
United States Bankruptcy Judge

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