Policy and Procedures
Vertical Tabs
Telephone calls to chambers are permitted.
- Judicial Assistant, Shannon Robinson, 801-524-6568
- Law Clerk, Ross Rankin, 801-524-6569
Chambers staff are not permitted to give legal advice.
Faxes are not permitted but email is permitted if permission is granted.
A. General Scheduling Procedure
To schedule or to strike a hearing before Judge Mosier, please contact the Scheduling Line at 801-524-6627.
B. Law and Motion Calendar
Each chambers typically reserves one day a week for motions requiring five minutes or less of hearing time (“law and motion calendar”). The Court schedules these matters in three general categories: (1) preliminary hearings on motions for relief from the automatic stay; (2) objections to claims; and (3) other routine matters where no opposition is anticipated. Examples of routine matters appropriate for the law and motion calendar include motions to amend a chapter 13 plan, objections to 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 more than five minutes. Instead, parties should schedule a lengthier hearing on another day.
C. Preliminary Hearings
D. Chamber Presets
ECF attorney filers (“ECF Filer”) 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, the ECF Filer should promptly docket a notice of hearing in order to save their selected preset date and time.
E. Chapter 13 Confirmation Hearings
Each chambers reserves several days a month to conduct chapter 13 confirmation hearings. If, in preparing for a confirmation hearing, the Court concludes that no objections have been filed and 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.
F. Notice
Each chambers requires that motions filed with the Court comply with the notice requirements of the Bankruptcy Code, the Bankruptcy Rules, the Official Forms, and the Local Rules of this Court. The Local Rules are available on this Court’s website at https://www.utb.uscourts.gov/local-rules-and-orders/. Generally, none of the judges will 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.
G. Evidentiary Hearings
Any matter to be heard before this Court where any party anticipates presenting evidence should clearly state in the notice of hearing or objection to the requested relief, 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 for other requirements for scheduling and giving notice of hearings.
H. Striking Hearings
When appropriate, parties are encouraged to strike hearings and, pursuant to Local Rule 9013-1(c), request relief without a hearing. Parties should notify the Court at least two days prior to the scheduled hearing if they wish to strike a hearing.
I. Ex Parte Motions for Temporary Restraining Orders
Each chambers will consider ex parte motions for temporary restraining orders. Ex parte motions seeking a temporary restraining order must be filed in accordance with the Federal Bankruptcy Rule 7065. Parties seeking this relief must also contact Chambers to schedule a meeting with the Judge in Chambers to explain the motion and address other concerns the Judge may have. No ex parte order for a temporary restraining order will be considered without compliance with this practice and procedure.
A. Appearances in St. George
B. Telephonic Appearances
-
ALL ORDERS FILED WITH THE COURT TO BE SIGNED BY THE COURT, MUST CONTAIN A 'DESIGNATION OF PARTIES TO BE SERVED' PURSUANT TO LOCAL RULE 9021-1(e).
-
Proposed orders must be submitted electronically and must have a top margin of not less than 2-1/2 inches on the first page, adhering to Loal Rule 5005-3. Pro Se debtors must file their proposed orders via mail or over the counter and also adhere to Local Rule 5005-3.
-
Proposed orders are not to be attached to motions / applications or objections.
A. Scheduling
B. Drafting Issues
C. Relief Without Hearing
D. Preliminary Hearings
E. Final Hearings
F. Policy on Waiving Federal Rule of Bankruptcy Procedure 4001(a)(3) Stay of Order
A. Procedure for asserting a substantial change in circumstances under In re Lanning, 130 S.Ct. 2464 (2010).
B. Procedure when the debtor proposes in the chapter 13 plan to file an adversary proceeding to strip a lien on the debtor's real property that the debtor asserts is wholly unsecured.
C. Preliminary Hearings
Chapter 13 Presumptive Fee*
Under median case with payment < $200 | $3,000 → $3,500 |
Under median case with payment ≥ $200 | $3,250 → $3,750 |
Above median cases (including business cases) | $3,500 → $4,000 |
Telephone calls to chambers are permitted.
- Chambers, 801-524-6567
Chambers staff are not permitted to give legal advice.
Faxes are not permitted but email is permitted if permission is granted.
A. General Scheduling Procedure
To schedule or to strike a hearing before Judge Anderson, please contact the Scheduling Line at 801-524-6627.
B. Law and Motion Calendar
Each chambers typically reserves one day a week for motions requiring five minutes or less of hearing time (“law and motion calendar”). The Court schedules these matters in three general categories: (1) preliminary hearings on motions for relief from the automatic stay; (2) objections to claims; and (3) other routine matters where no opposition is anticipated. Examples of routine matters appropriate for the law and motion calendar include motions to amend a chapter 13 plan, objections to 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 more than five minutes. Instead, parties should schedule a lengthier hearing on another day.
C. Preliminary Hearings
D. Chamber Presets
ECF attorney filers (“ECF Filer”) 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, the ECF Filer should promptly docket a notice of hearing in order to save their selected preset date and time.
E. Chapter 13 Confirmation Hearings
Each chambers reserves several days a month to conduct chapter 13 confirmation hearings. If, in preparing for a confirmation hearing, the Court concludes that no objections have been filed and 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.
F. Notice
Each chambers requires that motions filed with the Court comply with the notice requirements of the Bankruptcy Code, the Bankruptcy Rules, the Official Forms, and the Local Rules of this Court. The Local Rules are available on this Court’s website at https://www.utb.uscourts.gov/local-rules-and-orders/. Generally, none of the judges will 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.
G. Evidentiary Hearings
Any matter to be heard before this Court where any party anticipates presenting evidence should clearly state in the notice of hearing or objection to the requested relief, 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 for other requirements for scheduling and giving notice of hearings.
H. Striking Hearings
When appropriate, parties are encouraged to strike hearings and, pursuant to Local Rule 9013-1(c), request relief without a hearing. Parties should notify the Court at least two days prior to the scheduled hearing if they wish to strike a hearing.
I. Ex Parte Motions for Temporary Restraining Orders
Each chambers will consider ex parte motions for temporary restraining orders. Ex parte motions seeking a temporary restraining order must be filed in accordance with the Federal Bankruptcy Rule 7065. Parties seeking this relief must also contact Chambers to schedule a meeting with the Judge in Chambers to explain the motion and address other concerns the Judge may have. No ex parte order for a temporary restraining order will be considered without compliance with this practice and procedure.
A. Appearances in St. George
B. Telephonic Appearances
-
ALL ORDERS FILED WITH THE COURT TO BE SIGNED BY THE COURT, MUST CONTAIN A 'DESIGNATION OF PARTIES TO BE SERVED' PURSUANT TO LOCAL RULE 9021-1(e).
-
Proposed orders must be submitted electronically and must have a top margin of not less than 2-1/2 inches on the first page, adhering to Loal Rule 5005-3. Pro Se debtors must file their proposed orders via mail or over the counter and also adhere to Local Rule 5005-3.
-
Proposed orders are not to be attached to motions / applications or objections.
A. Scheduling
B. Drafting Issues
C. Relief Without Hearing
D. Preliminary Hearings
E. Final Hearings
F. Policy on Waiving Federal Rule of Bankruptcy Procedure 4001(a)(3) Stay of Order
A. Procedure for asserting a substantial change in circumstances under In re Lanning, 130 S.Ct. 2464 (2010).
B. Procedure when the debtor proposes in the chapter 13 plan to file an adversary proceeding to strip a lien on the debtor's real property that the debtor asserts is wholly unsecured.
C. Preliminary Hearings
Chapter 13 Presumptive Fee*
Under median case with payment < $200 | $3,000 → $3,500 |
Under median case with payment ≥ $200 | $3,250 → $3,750 |
Above median cases (including business cases) | $3,500 → $4,000 |
Telephone calls to chambers are permitted.
- Courtroom Deputy, Jessica Trousdale, 801-524-6632
- Law Clerk, Austin Nate, 801-524-6570
Chambers staff are not permitted to give legal advice.
Faxes are not permitted but email is permitted if permission is granted.
A. General Scheduling Procedure
To schedule or to strike a hearing before Judge Thurman, please contact the Scheduling Line at 801-524-6627.
B. Law and Motion Calendar
Each chambers typically reserves one day a week for motions requiring five minutes or less of hearing time (“law and motion calendar”). The Court schedules these matters in three general categories: (1) preliminary hearings on motions for relief from the automatic stay; (2) objections to claims; and (3) other routine matters where no opposition is anticipated. Examples of routine matters appropriate for the law and motion calendar include motions to amend a chapter 13 plan, objections to 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 more than five minutes. Instead, parties should schedule a lengthier hearing on another day.
C. Preliminary Hearings
D. Chamber Presets
ECF attorney filers (“ECF Filer”) 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, the ECF Filer should promptly docket a notice of hearing in order to save their selected preset date and time.
E. Chapter 13 Confirmation Hearings
Each chambers reserves several days a month to conduct chapter 13 confirmation hearings. If, in preparing for a confirmation hearing, the Court concludes that no objections have been filed and 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.
F. Notice
Each chambers requires that motions filed with the Court comply with the notice requirements of the Bankruptcy Code, the Bankruptcy Rules, the Official Forms, and the Local Rules of this Court. The Local Rules are available on this Court’s website at https://www.utb.uscourts.gov/local-rules-and-orders/. Generally, none of the judges will 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.
G. Evidentiary Hearings
Any matter to be heard before this Court where any party anticipates presenting evidence should clearly state in the notice of hearing or objection to the requested relief, 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 for other requirements for scheduling and giving notice of hearings.
H. Striking Hearings
When appropriate, parties are encouraged to strike hearings and, pursuant to Local Rule 9013-1(c), request relief without a hearing. Parties should notify the Court at least two days prior to the scheduled hearing if they wish to strike a hearing.
I. Ex Parte Motions for Temporary Restraining Orders
Each chambers will consider ex parte motions for temporary restraining orders. Ex parte motions seeking a temporary restraining order must be filed in accordance with the Federal Bankruptcy Rule 7065. Parties seeking this relief must also contact Chambers to schedule a meeting with the Judge in Chambers to explain the motion and address other concerns the Judge may have. No ex parte order for a temporary restraining order will be considered without compliance with this practice and procedure.
A. Appearances in St. George
B. Telephonic Appearances
-
ALL ORDERS FILED WITH THE COURT TO BE SIGNED BY THE COURT, MUST CONTAIN A 'DESIGNATION OF PARTIES TO BE SERVED' PURSUANT TO LOCAL RULE 9021-1(e).
-
Proposed orders must be submitted electronically and must have a top margin of not less than 2-1/2 inches on the first page, adhering to Loal Rule 5005-3. Pro Se debtors must file their proposed orders via mail or over the counter and also adhere to Local Rule 5005-3.
-
Proposed orders are not to be attached to motions / applications or objections.
A. Scheduling
B. Drafting Issues
C. Relief Without Hearing
D. Preliminary Hearings
E. Final Hearings
F. Policy on Waiving Federal Rule of Bankruptcy Procedure 4001(a)(3) Stay of Order
A. Procedure for asserting a substantial change in circumstances under In re Lanning, 130 S.Ct. 2464 (2010).
B. Procedure when the debtor proposes in the chapter 13 plan to file an adversary proceeding to strip a lien on the debtor's real property that the debtor asserts is wholly unsecured.
C. Preliminary Hearings
Chapter 13 Presumptive Fee*
Under median case with payment < $200 | $3,000 → $3,500 |
Under median case with payment ≥ $200 | $3,250 → $3,750 |
Above median cases (including business cases) | $3,500 → $4,000 |