HELPFUL HINTS FOR DRAFTING COMPLAINTS, MOTIONS AND ORDERS(revised 4/5/06)1.Any pleading initiating a contested matter or an adversary proceeding should, at a minimum,be organized in the following manner: Section I should be entitled “Jurisdiction and Venue”and should set forth how the court has jurisdiction and why venue is proper; Section IIshould be entitled “Factual Background” and should set forth the factual allegations of theclient; and Section III should be entitled “Relief Sought” and should set forth the specificrelief requested by the client. Additionally, if appropriate, a Section IV should be addedwhich is entitled “Legal Authorities in Support of the Relief Sought” and which discussesapplicable case law and statutory grounds for why the court should grant the relief soughtby the client. Counsel should make every effort to cite Fifth Circuit case law beforeresorting to the case law of other courts.2.Any pleading responding to a contested matter or an adversary proceeding that has beeninitiated should admit or deny each of the factual allegations and should specifically statewhat relief, if any, should be granted. Further, if appropriate, affirmative defenses shouldbe raised and legal authorities may be cited. Counsel should make every effort to cite FifthCircuit case law before resorting to the case law of other courts. 3.All pleadings filed in this court should be specific in nature. For example, instead of simplystyling the motion as “Motion to Lift Stay,” counsel should style the motion as “Motion of[name of client] for Relief from the Automatic Stay as to Certain Real Property Pursuant to11 U.S.C. §362(d)(2) or, alternatively, Pursuant to 11 U.S.C. §362(d)(1).” 4.For every motion that is filed, a proposed order must also be filed. Failure to file a proposedorder will likely result in the motion being dismissed. Further, counsel are strongly urgedto bring proposed orders to the courtroom for submission to the Court at the close of anyhearing. 5.Add date line and signature line on all orders submitted as follows:SIGNED this ___ day of _________, 2006.______________________________ ____Jeff BohmUnited States Bankruptcy Judge
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26.If counsel wants an expedited hearing on a particular day, then counsel should make thisrequest in the title of the pleading by inserting a parenthetical request in bold type face.Additionally, counsel should estimate the amount of time required for the hearing. Forexample, counsel should style the motion as “Motion of [name of client] to Dismiss Chapter11 Case Pursuant to 11 U.S.C. §1112(b)(1) (hearing requested for Tuesday, June 7, 2005at 9:00 a.m.; estimated time: 2 hours).” If possible, the court will schedule the hearingat the time requested. If this is not possible, then the court will schedule the hearing as closeto the requested time as the court’s schedule will allow. Counsel should be judicious indeciding whether and when to ask for an expedited hearing. 7.It is very important that the Certificates of Service be signed and reflect the date that servicewas accomplished and on whom service was accomplished and what addresses (email orpostal) were used. Please be sure to fill in the date on the Certificate of Service for eachpleading that is filed. (see examples of a proper certificate of service and impropercertificates of service at the end of this document).8.In any pleading filed by the debtor requesting relief in a Chapter 13 case, counsel for thedebtor must set forth whether the debtor is current in payments to the chapter 13 trustee.9.Please do not send letters to chambers discussing the merits of a contested matter or anadversary proceeding or requesting relief. Rather, file a motion and a proposed order.Please be sure to send copies of the motion and proposed order to opposing counsel.
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Answered by
yoga
, an ibibo Citizen,
at
1:34 PM on September 26, 2008
