Honorable Michael B. Kaplan

United States Bankruptcy Judge for the District of New Jersey

Staff Information

Wendy Romero | Courtroom Deputy - (609) 858-9397

Kathleen Feeley | Court Reporter - (609) 858-9386

Sean Quigley | Law Clerk

Rachel Goldrich | Law Clerk

Chambers e-mail: chambers_of_mbk@njb.uscourts.gov

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Communication

Judge Kaplan's staff may be contacted by telephone, email or regular mail. Communication by fax is not permitted except with consent of Judge Kaplan. For emergent applications, parties should notify Chambers by email or by telephone. Parties should be guided by D.N.J. LBR 5071-1 regarding adjournment requests which are to be made three business days prior to the hearing with consent. All requests for adjournment should be directed to the Chambers email box or be made by telephone. Requests for extension of time should be directed to the Chambers email. Per D.N.J. LBR 9072-2, proposed forms of order along with proof of service are to be submitted to Judge Kaplan's Chambers e-mail address.

Telephonic appearances: Judge Kaplan is amenable to telephonic appearances in accordance with the policy stated on the Court's website: www.njb.uscourts.gov. Counsel should contact Judge Kaplan's Courtroom Deputy, Wendy Romero by telephone or via email to the Chambers email box to request appearance by telephone. Upon request and approval by Chambers, telephonic appearances are allowed in all matters with the exception of Chapter 13 matters and other matters designated by Judge Kaplan as requiring personal appearance. Upon approval from the Chambers of Judge Kaplan, counsel may appear telephonically by arranging a telephone appearance through CourtCall, by calling (866) 582-6878 not later than 3:00 p.m. the court day prior to the hearing date. CourtCall will provide attorneys with written confirmation of the telephonic appearance and a number to call to make the appearance. If multiple parties are not to be on the telephone line, then CourtCall need not be used and counsel should either call into Chambers (609-989-0478) at the designated time, or provide Chambers with a telephone number for Judge Kaplan to dial from the bench.

Copies of Papers

In addition to mandatory efiling, courtesy copies of papers to Chambers are required only upon request of the Court.

Motions

Motions:

Stay Relief and other Motions: Uncontested motions will be taken on the papers. If a matter is contested, appearances are required. Parties should be guided by D.N.J. LBR 9013-1, including its provision for responsive papers and cross-motions. All motions to vacate the automatic stay in Chapter 7 cases which are scheduled for hearing prior to the original date of the 341(a) first meeting of creditors will be automatically continued to the next available hearing date after the scheduled 341(a) first meeting date, as per the notice provided on Judge Kaplan's calendar posted to the Court's website: www.njb.uscourts.gov.

First Day Motions in Complex Chapter 11 Cases: The parties should notify Chambers by email or by telephone regarding the filing and scheduling of all first day matters.

Summary Judgment Motions: Judge Kaplan requires oral argument for summary judgment motions if opposition is filed. Hearings are scheduled and parties should be guided by Judge Kaplan's calendar as posted on the Court's Website.

For additional calendar information, see www.njb.uscourts.gov

Trial

Trial:

Pre-Trial Procedures: Parties should be guided by D.N.J. LBR 7001-1.Upon the filing of a joint scheduling order, Judge Kaplan will generally not require appearances at the pre-trial conference. It is important to note that Judge Kaplan requires the use of a designated form of joint scheduling order, click here for form. Appearance at the scheduled pre-trial conference will also not be required where counsel has notified the Courtroom Deputy of an intention to settle the matter, dismiss the matter, or to file default papers.

Discovery Disputes: Counsel should contact Courtroom Deputy, Wendy Romero, regarding discovery disputes and any request to have them resolved by telephonic hearing or otherwise.

Requests to Enter Default and Default Judgment: Parties should be guided by D.N.J. LBR 7055-1.� Judge Kaplan reviews the adversary complaint with respect to which default judgment is requested and will schedule a proof hearing where necessary. Appearances at proof hearings by Plaintiff's counsel are not required, unless directed by the Court.

Other: Judge Kaplan has opted against scheduling Mandatory Settlement Conferences. However, Judge Kaplan welcomes requests, upon consentable parties, to schedule a settlement conference.

Prior to signing, proposed orders are held for seven days pursuant to D.N J. LBR 9072-1(d). Per the proposed joint scheduling order, 14 days prior to the trial date, counsel is to pre-mark and exchange exhibits while providing one bound copy of exhibits to Chambers, along with a list of witnesses. Within 14 days from the conclusion of the trial, counsel is to file and serve numbered proposed findings of fact and conclusions of law, with supporting citations.

Fee Applications

Fee Applications:

Counsel should be guided by D.N.J. LBR 2016-1. Fee applications are generally considered on the papers unless opposition is filed. Where opposition is filed, hearings are scheduled. Parties should be guided by Judge Kaplan's calendar as posted on the Court's Website. Note: All Chapter 7 Final Fee Applications will be heard at the Trustee's Final Meeting. Do not select a hearing date for Final Fee Applications.

Reaffirmation Agreements

Reaffirmation Agreement:

Parties should be guided by 11 U.S.C. section 524 and Fed. R. Bankr.P. 4008. Pro Se Debtors and Counsel are advised that they may and are urged to participate in reaffirmation hearings scheduled by the Court by telephone and are directed to follow the instructions set forth above for telephonic hearings.

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Honorable Michael B. Kaplan

Staff Information

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