[Effective March 11, 2022]

***See updated procedures and COVID-19 Courtroom Safety Protocols below effective March 11, 2022***

***In light of the District Court’s General Order No. 04-22, the following has been updated as of March 11, 2022. Please check News & Announcements on the homepage of the WAWB website regarding further court operations updates.***

Tacoma Motion Calendars: Nonevidentiary hearings set on the Tacoma calendar will be held in person after March 11, 2022. Requests for telephonic appearances after the March 9 calendar should be submitted according to the telephone attendance procedures below.

Vancouver Motion Calendars: Until further notice, all Vancouver calendars will be held via ZoomGov beginning with the November 8, 2022 calendar. IFP and Reaffirmation Agreement hearings will remain telephonic. The assigned Judge will set the format for evidentiary hearings and trials (e.g., by ZoomGov or in person) by order on a case-by-case basis.

If parties do not have access to the appropriate technology to appear via video, please contact the assigned Judge’s Courtroom Deputy: Judge Heston’s Courtroom Deputy at Samantha_Bergeson@wawb.uscourts.gov or Judge Lynch’s Courtroom Deputy at Pattie_Adams@wawb.uscourts.gov

Evidentiary Hearings, Trials, and Specially Set Motion Hearings: Evidentiary hearings, trials, and specially set motion hearings are expected to be held in person until further notice. Judge Lynch will set the format (e.g., in person or by Zoom) by order on a case-by-case basis.   

Telephonic Attendance: Attendance at hearings or other conferences may be telephonic if approved by the Judge in advance of the hearing/conference. Telephonic appearance must be requested via letter in ECF no later than 48 hours before the scheduled hearing. If the party does not have ECF filing capabilities, the letter may be sent to the Clerk’s Office to be docketed. The letter must include the party name, phone number, email address, and the reason for the telephonic appearance. If telephonic appearance is approved, the requesting party will be contacted by the Courtroom Deputy with the information for calling in. The Judge will not permit any telephonic appearance that has not been approved in advance of the hearing. No recording of the hearing is permitted, but parties may access a recording directly from CM/ECF: order-audio-recording-hearing. Parties may also contact the Clerk’s Office after the hearing to request audio or an official transcript of the hearing.

Pretrial Conferences: If an answer is filed, Judge Lynch will enter a Notice of Trial and Order Setting Deadlines, which may schedule a pretrial conference. A party may also request a pretrial conference by letter electronically filed with the Court. In the case of a telephonic pretrial conference, each participant will be required to provide Chambers with a contact number and email address prior to the conference.

Section 105 Conferences: Judge Lynch will conduct a scheduling conference under 11 U.S.C. § 105 in some, but not all, newly filed Chapter 11 cases.  If a section 105 conference is scheduled, counsel for the debtor-in-possession will receive an order via ECF. 

Confirming Motions, Hearings, and Trials: Judge Lynch requires confirmation of all contested motions, evidentiary hearings, and trials. Motions must be confirmed according to the chart found in LBR 9013-1(d)(8), by submitting a “Notice to Court of Intent to Argue” through ECF in the E-Docket Confirmation Process. The E-Docket Confirmation Process is set forth on the court website under the Hearings & Locations tab > Confirm a Hearing. Trials should be confirmed using the E-Docket Confirmation Process. Hearings and trials not confirmed may be stricken by the Court. LBR 9013-1(b)(5). Pro se filers should contact Judge Lynch’s courtroom deputy to confirm hearings: Pattie Adams, (253) 882-3952.

Continuing or Striking Motions, Evidentiary Hearings, and Trials:

Motions may not be continued or stricken from the calendar without the agreement of any party who has filed an objection or other response to the motion. By uploading an E-Docket request for continuance or notice of motion being stricken or withdrawn, counsel is representing that the agreement of all interested parties has been obtained. If the status of a motion changes after it has been confirmed, the party who confirmed the matter is responsible for updating the court using the E-Docket Confirmation Process as soon as counsel is aware of the change in status. If a motion is continued, it must be reconfirmed for the continued hearing date using the E-Docket Confirmation Process according to LBR 9013-1(d)(8). Notwithstanding the foregoing, a chapter 13 matter may not be continued for more than four (4) months from the original date of the hearing without the consent of Judge Lynch, whose consent may be requested by motion in advance of the hearing.

Evidentiary hearings and trials may not be continued or stricken without court approval. A request to continue or strike a trial date must be made by motion and noted for hearing prior to the trial date. A matter has not been officially continued until a minute entry is made by Chambers continuing the matter to a specified date. When a matter set for evidentiary hearing or trial is resolved prior to the court date, counsel should notify Chambers through the E-Docket Confirmation Process as soon as they are aware that an agreement has been reached. 

Uncontested Fee Applications and Final Reports: Applicants who have filed fee applications and final reports to which no party has objected need not appear at the scheduled hearing unless instructed to do so by Chambers.

Order Upload: Orders ready for the Judge’s signature should be submitted in ECF via Bankruptcy > Order Upload or Adversary > Order Upload.

Shortening Time: Under LBR 9013-1(d)(3), motions to shorten time or limit notice are disfavored. A motion to shorten time must be made by separate motion and may be filed ex parte. Counsel should simultaneously file (1) the motion to shorten time, (2) a received unsigned order shortening time (using the “Order Upload” docket event), and (3) the underlying substantive motion. A hearing may not be set on the underlying motion unless an order setting the hearing is first signed by Judge Lynch, at which time the Clerk’s Office will set the hearing on the Judge’s calendar. The motion to shorten time must include a certification by the movant’s attorney in writing stating the efforts made to give notice to opposing counsel of the movant’s intent to bring a motion on shortened time and the reasons why further notice should not be required. The received unsigned order shortening time must include (a) the proposed date and time of the hearing on the underlying motion, (b) the proposed response date, and (c) a deadline for providing notice of the underlying substantive motion to parties in interest, which shall be no later than 24 hours after entry of the order shortening time. However, a hearing on a motion to shorten time or to limit notice may be scheduled at the Court’s discretion. Additionally, the Court may change the dates and times set forth in the order shortening time. Notice of a hearing on shortened time should be given to all parties in interest within the deadline set forth in the signed order shortening time that sets the hearing on the underlying motion and response date.

Counsel are reminded if they wish the underlying motion to be heard for argument, it must be timely confirmed in accordance with LBR 9013-1(d)(8) and by using the E-Docket Confirmation Process. If a matter is not timely confirmed, even though an Order Shortening Time has been signed, the matter may not be heard.

Uncontested Matters: Orders for uncontested matters should be submitted via ECF with a declaration of no objection. LBR 9013-1(f)(2). Unopposed matters may also be presented at the date and time of the hearing. Judge Lynch calls agreed and unopposed matters first on his motions calendars but prefers orders to be submitted electronically.

Formatting and Linking of Motion Papers/Exhibits: Format and linking requirements are set out in LBR 9004-1; respecting exhibits, see LBR 9004-1(d).

Chambers’ Copies of Filed Papers: Pursuant to LBR 9013-1(d)(4), you are no longer required to provide Chambers with copies of pleadings that are filed electronically, except when the pleading and supporting documents exceed 25 pages in length. In the event a Chambers copy is required, one copy is sufficient.

Contacting Chambers: Judge Lynch’s Chambers can be reached at 253-882-3952. Please respect the prohibition against ex parte communication (Fed. R. Bankr. P. 9003(a)) and avoid communications with law clerks concerning matters affecting a particular case other than procedural or scheduling matters. Emails should not be used to communicate with Chambers regarding a case. Communication with a law clerk is deemed to be communication with the Judge.

Chapter 13 Attorney Applications for Fees in Excess of the Presumptive Fee: The presumptive or “no-look” fee is $4,000 for all chapter 13 cases filed after January 31, 2019. See General Order No. 2019-1. An application for pre-confirmation attorneys’ fees in excess of the presumptive fee must be filed not more than 21 days after entry of the confirmation order. Local Rules W.D. Wash. Bankr. 2016-1(e)(2). An attorney who has taken the presumptive fee and seeks approval of fees for pre- or post-confirmation services in an amount above the presumptive amount shall (1) file an itemized time record for all services provided in connection with the case in order to establish the attorney has earned the presumptive fee and the additional amount, and (2) file an application and proposed order seeking approval for only the amount above the presumptive fee. For example, if an attorney seeks compensation of $5,500 after the Court approved a $4,000 presumptive fee in the confirmation order, only $1,500 should be requested in the application and proposed order.

Chapter 11 Plan Confirmation Hearings and Orders: Evidence sufficient to permit Judge Lynch to make the findings necessary to confirm the plan under Section 1129 of the Bankruptcy Code should be submitted with the pre-confirmation report required by LBR 3020-1(a). Absent a showing of compelling circumstances, the confirmation order should substantially comply with Fed. R. Bankr. P. 3020(c)(1) and the Official Form referred to in that rule.

Subchapter V Case Procedures: Upon the filing of a chapter 11 case in which the debtor elects to be a debtor under subchapter V, the Court will issue an order setting the status conference required by 11 U.S.C. § 1188(a). The Court will provide notice of this order to the debtor, debtor’s attorney, and the trustee.

The status conference will be scheduled for a date between 45 and 60 days after entry of the order for relief and will be held telephonically. The debtor, debtor’s attorney, and the trustee will be required to attend the status conference; creditors and other parties in interest may voluntarily attend as well. The order setting the status conference will require the debtor to prepare and serve the report required by 11 U.S.C. § 1188(c) no later than 14 days before the date set for the status conference. The order setting the status conference will also set the deadline for filing proofs of claim and require debtors to serve the notice of the Claim Deadline on all creditors, equity security holders, and other parties in interest by a date specified in the order setting the status conference.

Section 1189(b) requires the debtor in a subchapter V case to file a plan no later than 90 days after the order for relief. Upon the filing of a plan in a subchapter V case, the Court will issue an order setting the confirmation hearing. That order will also set the deadlines for voting to accept or reject the plan, for filing objections to confirmation of the plan, and for secured creditors to make an election under 11 U.S.C. § 1111(b)(2). The order will require the debtor to mail a copy thereof to all creditors, equity security holders, and other parties in interest.

Notice/Service: If notice must be given to all parties in interest, notice is presumed adequate if mailed to all entities on the master mailing list, provided the list is current to within 21 days of mailing as evidenced by (1) the notation on the list showing the date it was extracted from ECF or PACER, or (2) counsel verification in the affidavit of service. LBR 2002-1(e); Fed. R. Bankr. P. 2002(a)(5).

LBR 9013-1(d)(2)(B) requires that proof of any conventional (non-ECF) service of the notice and the motion be filed by the response date. 

Service of a motion in a contested matter must comply with Fed. R. Bankr. P. 7004, unless otherwise governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 9014(b). This includes service of a motion to avoid a lien pursuant to 11 U.S.C. § 522(f), a motion to sell free and clear under 11 U.S.C. § 363(f) and a motion to strip a wholly unsecured mortgage lien and a request to value collateral in a chapter 13 case.

When service in compliance with Fed. R. Bankr. P. 7004 is required, please pay attention to the rules for service upon specific parties.  For instance, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association must be to the attention of a specifically identified officer, managing or general agent, or agent authorized to receive service.  Fed. R. Bankr. P. 7004(b)(3). Service on an insured depository institution must be made by certified mail addressed to an officer of the institution.

Order of Default/Default Judgments: An order of default must be entered prior to entry of a default judgment, and they must be in separate documents.  Fed. R. Bankr. P. 7058. Proof of proper service that complies with Fed. R. Bankr. P. 7004 must be filed.