Frank E. Moss, U.S. Courthouse 350 S Main Street, Salt Lake City, Utah 84101
Schedule a Hearing online or call 801-524-6627
Courtroom Deputy: Maryn Richmond, 801-524-6583
Chambers Line: 801-524-5749
To schedule or to strike a hearing before Judge Thomson, please contact the Scheduling Line at 801-524-6627.
Judge Thomson typically reserves Wednesday mornings for motions requiring approximately five minutes or less of hearing time on routine matters (“Law and Motion Calendar”). The Court schedules these matters in three general categories: (1) preliminary hearings on motions for relief from the automatic stay (10:30 a.m.); (2) chapter 7 law and motion, including chapter 7 objections to claims (11:00 a.m.); and (3) chapter 13 law and motion, including chapter 13 objections to claims (11:30 a.m.). Examples of routine matters appropriate for the Law and Motion Calendar include motions to amend a chapter 13 plan, objections to a trustee’s motion to dismiss, motions to incur debt, and motions to sell property. Parties should not request time on the Law and Motion Calendar if they believe that a hearing will take significantly more than five minutes. Instead, parties should schedule a lengthier hearing on another day.
Unless otherwise ordered by the Court, or permitted by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah, the originally scheduled hearing will be conducted as a preliminary hearing. The purpose of preliminary hearings is to establish what facts and law are in dispute. At a preliminary hearing, parties should be prepared to make detailed offers of proof, but the Court will generally not receive exhibits or hear testimony, whether proffered or live. Exceptions to this general rule include, though are not limited to, when the movant is requesting interim relief at a preliminary hearing that requires evidentiary support, such as first day motions in chapter 11 cases.
If the Court determines at a preliminary hearing that there are no genuine disputes of fact or law, or if an offer of proof is insufficient to raise such a genuine dispute, the Court may rule on the matter at or following the preliminary hearing. If the matter presents genuine disputes of fact or law, however, the Court will set the matter for a final, evidentiary hearing or continue the matter for further preliminary hearings as necessary to prepare the matter for a final hearing. The Court, on its own initiative or at the request of the parties, may enter a scheduling order regarding preparation for and the conduct of the final hearing, which may include the submission of supplemental briefing when warranted.
Movant and any responding party must appear at the preliminary hearing. Any failure to appear at a preliminary hearing is subject to Local Rule 9073-1(j).
When any party anticipates presenting evidence at an originally scheduled hearing, the notice of hearing or objection to the requested relief must clearly state that the hearing will be an evidentiary hearing. Failure to do so may result in the Court not allowing evidence to be presented. Parties are also directed to the other practices and procedures on this page, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah for other requirements for scheduling and giving notice of hearings.
ECF attorney filers (“ECF Filers”) can obtain certain preset hearing dates on the Law and Motion Calendar without calling the Court. The preset hearing dates are posted to a report within CM/ECF (“Chamber Presets”). ECF Filers will find the Chamber Presets under the Reports menu in the CM/ECF database. Preset Guidelines for each chambers are posted on the Chamber Presets page. ECF Filers should review and comply with the Preset Guidelines for the types of hearings allowed and other restrictions prior to selecting a hearing date. If an ECF Filer does not comply with the Preset Guidelines the preset hearing may be stricken by the Court. Once a preset hearing time has been selected, ECF Filers should promptly docket a notice of hearing in order to save their selected preset date and time.
Judge Thomson reserves several days each month to conduct chapter 13 confirmation hearings. These hearings occur on Tuesdays and Thursdays—though not every Tuesday and Thursday—at 10:30 a.m. If, in preparing for a confirmation hearing, the Court concludes that no objections have been filed or no concerns remain, the Court may strike the scheduled confirmation hearing and issue an order confirming the plan. Occasionally, the Court may have independent concerns regarding a confirmation hearing even though no objections have been filed and the Chapter 13 Trustee’s concerns have been resolved. In that event, the confirmation hearing will go forward and parties will be required to appear. Chambers staff are not permitted to answer questions as to the Court’s concerns.
Judge Thomson requires that motions filed with the Court comply with the notice requirements of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the
Official Forms, and the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah. The Local Rules are available on this Court’s website at https://www.utb.uscourts.gov/local-rules-and-orders/. Generally, Judge Thomson will not consider motions filed without notice to the opposing party. There are a few exceptions, such as motions for orders to shorten or extend time or motions to appear telephonically. The Court may grant motions to shorten the notice period required for a particular motion. These motions may be filed without notice to parties in interest and are granted at the Court’s discretion. Note: Even if the Court grants a motion to shorten time, parties are expected to send a separate notice of hearing to those entitled to receive notice.
When appropriate, parties are encouraged to strike hearings and, pursuant to Local Rule 9013-1, request relief without a hearing. Parties should notify the Court at least two business days prior to the scheduled hearing if they wish to strike a hearing.
Judge Thomson will consider ex parte motions for temporary restraining orders. Ex parte motions seeking a temporary restraining order must be filed in accordance with Federal Rule of Bankruptcy Procedure 7065. Parties seeking this relief must also contact Chambers to schedule a meeting with Judge Thomson in chambers to explain the motion and address other concerns the Judge may have. No ex parte motion for a temporary restraining order will be considered without compliance with this practice and procedure.
Except in limited cases as ordered by the Court, the Court is currently holding hearings via Video Conferencing over Zoom. Parties will receive video conferencing connection information prior to the hearing. In addition to the protocols stated on the Court’s website, parties, including counsel, those represented by counsel, and unrepresented parties must observe the following protocols when appearing via Zoom:
Parties must appear with both video and audio capabilities.
Parties may, in exigent circumstances, appear with audio capabilities only, but they will not be able to present evidence or examine witnesses. In the Court’s discretion, they may state their positions and make oral argument.
Parties should be certain that they are in an appropriate setting for the hearing. An appropriate setting is one that does not interfere with the creation of a clear record, does not endanger the safety of any participant, and is consistent with Court standards of decorum. Therefore, parties should, among other things, (a) avoid locations that produce static or background noise, (b) not appear from a moving vehicle, and (c) appear in a location as decorous as possible or, alternatively, use an appropriate Zoom background as a substitute.
Parties should respect the Court proceeding by being appropriately attired.
Parties should sign into the Zoom hearing ten (10) minutes prior to the hearing. The Courtroom Deputy will check you in, test your video and audio, and provide any necessary instructions.
After you have checked in, please mute yourself, remove your video, and remain so until the Court calls your case.
All rules set by applicable law related to live hearings apply to hearings conducted by Zoom, including Local Rules 5073-1, 9013-1, 9070-1, 9071-1, and 9073-1.
The Court may strike or continue your hearing if you are not in compliance with these protocols.
The above Zoom Protocols apply to evidentiary hearings.
Parties should provide Chambers with exhibits prior to the hearing as follows:
The original marked exhibits and one (1) copy of those exhibits, organized with a table of contents, delivered to the Courtroom Deputy in Chambers; and
A pdf version of the exhibits, bookmarked and text searchable, delivered to the Courtroom Deputy via email at Thomson_Chambers@utb.uscourts.gov.
It is recommended that counsel familiarize themselves with Zoom’s screen share capabilities if exhibits are to be offered at the hearing.
Parties are responsible for providing Zoom capabilities to witnesses that they wish to call. If a witness does not have Zoom capabilities, the subpoena and/or counsel should direct the witness to appear at a specific location.
The Courtroom Deputy may organize a “dry run” with the parties if it is deemed necessary.
ALL PROPOSED ORDERS SUBMITTED TO THE COURT MUST CONTAIN A 'DESIGNATION OF PARTIES TO RECEIVE NOTICE OF COURT ORDER' PURSUANT TO LOCAL RULE 9021-1(c).
Proposed orders must be submitted electronically and must have a top margin of not less than 2-1/2 inches on the first page, as required by Local Rule 9021-(f), and should otherwise comply with Local Rule 5005-3. Pro Se parties must file their proposed orders via mail or over the counter and also adhere to Local Rules 5005-3 and 9021-1(f).
Proposed orders are not to be attached to motions, applications, or objections.
Judge Thomson holds preliminary hearings on motions for relief from stay on Wednesdays at 10:30 a.m. Please refer to the “Scheduling” tab above.
As part of its review process in connection with filed motions for relief from stay, the Court looks for compliance with the following requirements:
All motions for relief from stay should include the following:
Motion for relief from stay (Local Rule 4001-1(a));
Notice of hearing (Local Rule 4001-1(b), notice must substantially conform to Local Form 9013-1 or 9013-2);
Certificate of service (Local Rule 9013-1(l), the certificate may be attached to the papers that are served or may be filed separately); and
Optional: A supporting memorandum may also be filed as part of the motion (Local Rule 9013-1(c)).
The motion should state sufficient grounds for relief under Section 362(d). If one of the grounds for relief is lack of equity, then the movant should identify the current amount of the lien (and amount of any other known liens against the property), the estimated value of the property subject to the lien, and how that value has been determined. If the movant is asserting that it is not adequately protected, please specify why not. Do not simply assert that the debtor lacks equity in the property or generally claim that you are not adequately protected. Such statements do not give the Court the basis to grant the requested relief, even if uncontested. Failure to comply with this procedure may result in the motion being denied without prejudice.
The motion should attach suitable evidence that a lien is perfected pursuant to state law. If the underlying obligation has been assigned to the movant, evidence of the assignment should be provided.
If no objection to the motion is timely filed, an order may be submitted pursuant to Local Rule 4001–1(d), and relief may be granted without a hearing.
Unless otherwise ordered by the Court, or permitted by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah, the originally scheduled hearing will be conducted as a preliminary hearing. The purpose of preliminary hearings is to establish what facts and law are in dispute. At a preliminary hearing, parties should be prepared to make detailed offers of proof, but the Court will generally not receive exhibits or hear testimony, whether proffered or live.
If the Court determines at a preliminary hearing that there are no genuine disputes of fact or law, or if an offer of proof is insufficient to raise such a genuine dispute, the Court may rule on the matter at or following the preliminary hearing. If the matter presents genuine disputes of fact or law, however, the Court will set the matter for a final, evidentiary hearing.
A party may request a final hearing on a motion for relief from stay, instead of a preliminary hearing, by contacting the Scheduling Line at 801-524-6627. If a party requests that the hearing on the motion for relief from stay be conducted as a final hearing, the notice of hearing must clearly state that the hearing will be conducted as an evidentiary hearing. Failure to do so may result in the Court not allowing evidence to be presented.
The Court, on its own initiative, or at the request of the parties, may enter a scheduling order regarding preparation for and the conduct of the final hearing, which may include the submission of supplemental briefing when warranted.
Common mistakes to avoid at or prior to the final hearing:
Failure to exchange exhibits and witness lists with opposing party/counsel prior to the hearing.
If the Court orders that Federal Rule of Bankruptcy Procedure 7026 applies to a motion for relief, parties should identify expert witnesses and tender a list of the expert’s qualifications, along with a written summary of the expert’s expected testimony and opinions. Failure to comply with Federal Rule of Bankruptcy Procedure 7026(a)(2) may result in your inability to use any expert at the final hearing (if such a hearing is required).
Relief from stay proceedings are by nature "summary proceedings." While you need to present detailed offers of proof, keep in mind that the Court will not "finally determine" any of the factual issues raised. It will only make summary determinations as to whether the statutory grounds for relief have been satisfied.
The Court will not waive the 14-day stay of an order granting a motion for relief from the automatic stay as provided for in Federal Rule of Bankruptcy Procedure 4001(a)(4) as a matter of course.
Creditors seeking to shorten or waive the 14-day stay of order pursuant to Federal Rule of Bankruptcy Procedure 4001(a)(4) must include in their motions a concise, though sufficient, statement of the basis for shortening or waiving the stay.
If a party in interest files an objection to confirmation of a chapter 13 plan asserting that an above median debtor is not paying all monthly disposable income to unsecured creditors, and the debtor intends to assert that a substantial change in circumstances has occurred such that the debtor's projected disposable income should not be calculated using the monthly disposable income set forth on Official Form 22C, the debtor must file and serve a response to such an objection prior to the confirmation hearing. The response may be accompanied by the debtor's affidavit, but the debtor must also appear at the confirmation hearing to provide evidence to support the response. The objection and response will be heard at the confirmation hearing.
If a chapter 13 debtor proposes to eliminate a monthly mortgage payment and/or a prepetition mortgage arrearage by attempting to strip an allegedly wholly unsecured lien against the debtor's real property in order to make the plan feasible, the adversary proceeding must be filed and the summons issued prior to the first date fixed for confirmation of the debtor's chapter 13 plan.
Unless otherwise ordered by the Court, the originally scheduled confirmation hearing will always be conducted as a preliminary confirmation hearing. At this preliminary confirmation hearing, detailed offers of proof should be used but no live witnesses. The Court will set the matter for a final evidentiary confirmation hearing only if the offers of proof demonstrate a genuine issue of material fact. Do not assume that you can make general statements of what you hope you can prove by the time of a final confirmation hearing or the motion may be denied at the preliminary confirmation hearing. Movant and any responding party must appear at the preliminary confirmation hearing. Any failure to appear at a preliminary confirmation hearing is subject to Local Rule 9073-1(j).
Debtors’ counsel in Chapter 13 cases may be allowed a “presumptive fee” depending on when a case is filed and the status of the case at the time the fee is requested as stated below. See 11 U.S.C. §§ 330(a)(4)(B) and 331; Local Rule 2083-2(l)(3); General Order No. 24-002; In re Attorneys’ Fees in Chapter 13 Cases, Misc. Case No. 06-50001 (Bankr. D. Utah). Counsel need not file a fee application if they are seeking a presumptive fee.
More than the presumptive fee may be requested, but such requests will be allowed only after the filing of (i) a fee application that complies with Fed. R. Bankr. P. 2016 and (ii) notice of the application and opportunity to object. See Fed. R. Bankr. P. 2002(a)(6), (c)(2); Local Rule 9013-2.
Debtor’s counsel may be allowed the following presumptive fees in Chapter 13 cases filed on or after January 1, 2025:
Debtor’s counsel may be allowed the following presumptive fees in Chapter 13 cases filed before January 1, 2025:
Local Rule 2083-2(l)(3) governs the scope of services covered by a presumptive fee. An award of compensation not within the scope of the presumptive fee requires the filing of a fee application, and notice and opportunity to object for requests over $1,000. See Fed. R. Bankr. P. 2002(a)(6), (c)(2).
Presumptive fees are typically awarded by the Court but may be limited or reduced based on the facts and circumstances of a case, including those considerations set forth in 11 U.S.C. § 330(a)(4)(B). See McCoy v. Hardeman (In re Tahah), 330 B.R. 777, 780–81 (10th Cir. BAP 2005) (courts have an independent duty to evaluate the propriety of compensation even when a presumptive fee is in question).
