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Judge Paul R. Hage

U.S. Bankruptcy Court
Eastern District of Michigan
211 W. Fort St., Suite 1920
Detroit, Michigan 48226

Chambers   (313) 465-1972
Courtroom Clerk  LaShonda Bryant (313) 234-0038
Law Clerk Kelley Donnelly  (313) 234-0012

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Notice IconNotice Regarding Conduct of Hearings Before the Honorable Paul R. Hage Effective October 28, 2024

Communication with Chambers

  1. Court Procedures. The Court’s procedures are governed by the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the Local Rules of Bankruptcy Procedure of the United States Bankruptcy Court for the Eastern District of Michigan (the “Local Bankruptcy Rules”), which are available on the Court’s website. This memorandum is intended as a supplement to those rules, and not as a substitute.
  2. Telephone calls. Chambers staff cannot give legal or procedural advice. Telephone calls to chambers are permitted but should be made only when necessary. Counsel having questions concerning scheduling matters should call the Courtroom Clerk, LaShonda Bryant, directly at (313) 465-1972.  Please do not call the Law Clerk, Kelley Donnelly, with respect to any scheduling matters.
  3. Docket. The weekly docket may be viewed on the Court’s website under the heading “Docket.” The weekly docket will normally be posted on the Court’s website no later than Monday of that week.
  4. Letters. Unless specifically requested, letters to the Judge are discouraged.  Written communications should be made only by pleadings filed with the Court. Copies of correspondence between counsel may not be sent to the Judge and will be discarded. Letters to the Judge from pro se litigants may, at the Judge’s discretion, be treated as pleadings and docketed as such.
  5. Scheduling and calendaring. For scheduling or calendar matters, please call the Courtroom Clerk, LaShonda Bryant, at (313) 465-1972.
  6. Requests for adjournments. Requests for adjournments should be made in conformance with Local Bankruptcy Rule 5071-1. All requests for adjournments, whether stipulated to or not, must be made at least 24 hours in advance of the scheduled hearing.

Motions

  1. Filing of motion papers. All pleadings will be filed electronically in compliance with the Administrative Procedures for Electronic Case Filing posted on the Court’s website. If an exception to the electronic filing requirement exists as defined in Electronic Procedure 3, all papers will be filed in the Clerk’s Office.
  2. Ex parte relief.  Requests for ex parte relief are discouraged.  In the event that a party seeks ex parte relief, the request should specifically state the reasons why relief should be granted without notice and a hearing.
  3. Emergency motions. When filing an emergency motion or motion for expedited hearing, counsel should call the Courtroom Clerk, LaShonda Bryant, at (313) 465-1972 so that the motion can be brought to the Judge’s attention as soon as practicable.
  4. Oral argument on motions. Generally, when a response to a motion is filed, the Court will schedule oral argument on the motion on one of the Court’s regular motion days. The parties will be notified of the date and time of argument. Evidence will not be taken at the time of oral argument unless the Court has previously notified the parties otherwise. If the Court determines that a motion requires an evidentiary hearing, the Court will schedule the evidentiary hearing for a separate date and time. If the parties to a pending motion believe that an evidentiary hearing will be necessary, and that the motion should therefore not be scheduled on a regular motion day, and wish instead to have the Court schedule a separate evidentiary hearing on the motion, the parties may file a stipulation with the Court requesting the scheduling of an evidentiary hearing, setting forth the reasons why they believe that an evidentiary hearing is necessary, and submit to the Court a proposed order granting the stipulation.
  5. Motion day. Judge Hage’s motion day is Tuesday. Counsel does not need to check in with the Courtroom Clerk either in chambers or in the courtroom in advance of a hearing. Although cases will be called generally in the order in which they appear on the docket posted outside the courtroom, any case that has settled or otherwise resolved will be called earlier. Counsel should advise the Courtroom Clerk of any settlement or resolution and reasonable efforts will be made to call the case as soon as possible.
  6. Pro hac vice appearance. Pro hac vice appearances are not permitted. For the requirements and procedures for admission to the bar, counsel are directed to Rule 83.20 of the Local Rules of the United States District Court for the Eastern District of Michigan (the “Local Rules”) and Local Bankruptcy Rule 9010-1.
  7. Participation by telephone. For a list of those matters which are to be conducted telephonically and instructions on how to participate telephonically, please refer to Judge Hage’s October 28, 2024 Notice Regarding Conduct of Hearings, accessible here.
  8. Discovery disputes. Local Rule 37.1 and Local Bankruptcy Rule 9014-1(i) apply to all discovery disputes.  Discovery related motions are discouraged. If a discovery related motion becomes necessary, counsel for each of the parties must “meet and confer” in advance of the hearing on such motion in a good faith effort to narrow the areas of disagreement.  The conference must be held a sufficient time in advance of the hearing so as to enable the parties to narrow the areas of disagreement to the greatest extent possible.  It is the responsibility of counsel for the movant to arrange for the conference and, in the absence of an agreement to the contrary, the conference must be held in the office of the attorney nearest to the court in which the motion is pending.  Upon the completion of the “meet and confer” conference, a summary any unresolved discovery disputes and a summary of the parties’ respective positions on such disputes must be filed with the court by the movant no later than 48 hours prior to the scheduled hearing. 
  9. Defective motions.  In the event that the Clerk of the Court has deemed a motion or other request for relief to be defective, any filing that cures the defect should be labeled as “corrected,” identify the defect being corrected and any other changes to the original and refer to the docket number of the original but defective document.

Orders

  1. Calls to chambers regarding orders. Telephone calls to chambers concerning the status of orders that have been submitted for entry are discouraged unless the order pertains to: (i) a request for an expedited hearing or the shortening of time to file a pleading or take other action; (ii) a time sensitive matter; or (iii) an order that has been submitted for entry for more than seven days. In the event that an inquiry must be made, it should be directed to the Courtroom Clerk, LaShonda Bryant, at (313) 465-1972.
  2. Submission of orders. The procedure for entry of an order in a contested matter or adversary proceeding is set forth in Local Bankruptcy Rule 9021-1. The mechanism to submit an order electronically is contained in ECF Procedure 7 of the Court’s Administrative Procedures for Electronic Case Filing, which are available on the Court’s website. If an order is submitted electronically but does not conform to Local Bankruptcy Rule 9021-1 and ECF Procedure 7, the Court will not enter it, but will instead send an email to the person who submitted the proposed order explaining why it was not entered.
  3. Stipulations and agreed orders. Any form of agreed upon relief should be filed as a stipulation and accompanied by a separate proposed order.  

Status Conferences

  1. Location. Status conferences and initial scheduling conferences in adversary proceedings are generally held telephonically, consistent with Judge Hage’s October 28, 2024 Notice Regarding Conduct of Hearings, accessible here, unless otherwise indicated on the notice of such conference.
  2. Initial scheduling conference in an adversary proceeding. A Rule 26(f) report must be filed seven days in advance of the initial scheduling conference. A form Rule 26 Report is accessible at https://www.mieb.uscourts.gov/local-forms.
  3. Chapter 11 case management orders. The Court will automatically issue a chapter 11 case management order once the debtor has filed all the required documents with the voluntary petition including, but not limited to, the schedules and the statement of financial affairs. To the extent practicable, the Court will issue the case management order prior to the scheduled section 341 meeting of creditors. The Judge’s requirements for information to include in the combined chapter 11 plan and disclosure statement can be found here.

Trial and Evidentiary Hearings

  1. Court Recorder. Please respect the Court Recorder’s function. Speak clearly. Do not speak while someone else is speaking. New attorneys should give the Court Recorder their business card to ensure that the record reflects the correct contact information of the parties and their counsel.  If the spelling of names of cases, people, places, or things is especially important, counsel should give a list of such words to the Court Recorder at the start of the trial or evidentiary hearing.
  2. Exhibits. For trials and evidentiary hearings, parties must strictly comply with Local Bankruptcy Rule 7016-1(d). By 12:00 noon, at least one day prior to a trial or evidentiary hearing, counsel will arrange with the Courtroom Clerk, LaShonda Bryant, to have all documentary exhibits marked and provide copies of all exhibits to opposing counsel. Counsel will also provide one copy of an Exhibit List to the Courtroom Clerk. Parties will not mark exhibits prior to their submission to the Courtroom Clerk. At the trial or evidentiary hearing, counsel will have an original and four copies of all exhibits; one for the witness, the Judge, Judge’s staff, and opposing counsel.
  3. Transcripts. Counsel are responsible for promptly raising any issue concerning the accuracy of transcripts certified by the Courtroom Clerk. Counsel should contact the Courtroom Clerk, LaShonda Bryant, with material errors.
  4. Proposed Findings and Conclusions.  E.D. Mich. LR 52.1 applies to all non-jury trials.

Default Judgments

  1. Motions for default judgments will not be accepted absent the following:
    1. a description of the nature of the claim;
    2. an affidavit representing that this Court has subject matter jurisdiction over the action;
    3. an affidavit representing that this Court has personal jurisdiction over the defendant;
    4. an affidavit representing that the defendant is not: (i) an infant; (ii) an incompetent; or (iii) in the military as provided in the Service Member’s Civil Relief Act of 2003, Pub. L. No. 108-189, 117 Stat. 2835 (2003); and
    5. An affidavit and documentation substantiating the relevant allegations in the complaint.
  2. If the plaintiff seeks an award of damages in the motion for default judgment, the required affidavit and substantiating documentation must also include:
    1. a request for an amount equal to or less than the principal amount demanded in the complaint;
    2. definitive information and documentation such that the amount provided for in the proposed judgment can be calculated. If this requirement cannot be satisfied, a default judgment may be granted as to liability, and damages will be determined at an evidentiary hearing.
    3. an affidavit representing that no part of the judgment sought has been paid, other than as indicated in the motion;
    4. a request for interest, if interest is sought, on the principal amount not to exceed the judgment rate under Michigan law or authority if a different rate is sought; and
    5. The calculations made in arriving at the proposed judgment amount.
  3. The motion for default judgment must be accompanied by a proposed judgment pursuant to Local Bankruptcy Rule 7055-1.
  4. The Court may schedule a hearing on the motion in its discretion.

Settlements

Counsel are required to comply with Local Bankruptcy Rule 9019-1 regarding the settlement of an adversary proceeding or contested matter.

Reaffirmation Agreement Hearings

  1. Pro se cases. In all pro se cases where the debtor signs a reaffirmation agreement, the Court will schedule a hearing to determine whether or not the reaffirmation agreement will be approved.
  2. Debtor represented. In cases where the debtor is represented by counsel, the Court will schedule a hearing if required by Local Bankruptcy Rule 4008-1.
  3. Deficiency notices. The Court will not schedule a hearing with respect to a reaffirmation agreement if the Clerk has issued a deficiency notice that has not been complied with.
  4. Administrative order adopting Guideline 13 regarding responsibilities of debtor’s counsel relating to a reaffirmation agreement. The Court insists on compliance with Guideline 13 adopted by Administrative Order No. 09-32 issued on December 16, 2009.

Motions to Extend or Impose the Automatic Stay

  1. Every motion to extend or impose a stay under section 362(c) of the Bankruptcy Code must be accompanied by an affidavit signed by the debtor setting forth the facts upon which the motion is based.
  2. The procedure for scheduling a hearing on a motion to extend or impose a stay under section 362(c) of the Bankruptcy Code is set forth in Local Bankruptcy Rule 4001-4.

Chapter 13 Hearings

  1. Judge Hage’s chapter 13 call will generally be held on Thursdays at 10:00 a.m.  For chapter 13 calls only, there will be a strict deadline of 3:00 p.m. on the Tuesday before each Thursday hearing for adjournments of docketed matters. Parties seeking to adjourn a docketed matter after 3:00 p.m. on Tuesday must come to court for the Thursday chapter 13 call and request the adjournment in person. 

Summary Judgment

  1. Statement of Undisputed Material Facts.  Every motion for summary judgment seeking relief under Bankruptcy Rule 7056 must be accompanied by a separate statement identifying the material facts that the movant contends are undisputed.  Each fact must be set forth in a separate numbered paragraph and must include a specific citation to material referenced in Fed. R. Civ. P. 56(c) that establishes the fact.  Failure to submit such a statement may constitute grounds for denial of the summary judgment motion.
  2. Response to Statement of Undisputed Material Facts.  Every response to a motion for summary judgment must be accompanied by a response to the movant’s statement of undisputed material facts.  The response must separately address each paragraph of the movant’s statement by: (i) agreeing that the fact is undisputed; (ii) agreeing that the fact is undisputed for the purposes of summary judgment only; or (c) stating that the fact is disputed as demonstrated by specific citation to material allowed by Fed. R. Civ. P. 56(c).  The response may also include a statement of additional material facts that the respondent contends are disputed, thereby requiring denial of the motion.
  3. Facts Deemed Admitted.  In deciding a motion for summary judgment, material facts identified and adequately supported in the movant’s statement of undisputed material facts are deemed to be admitted, except to the extent such facts are: (i) disputed in the opposing party’s response, and (ii) adequately controverted by evidence filed in support of the response.
  4. Evidence.  The movant is responsible for filing with the court all necessary evidentiary documents cited in the motion.  The respondent is responsible for filing with the court all necessary evidentiary documents cited in the response.  Any documents filed in support of, or in opposition to, a motion for summary judgment will be labeled and bookmarked to ensure efficient navigation.