Honorable Michael B. Kaplan, Chief Judge

LTL Management Case Information and Protocols

United States Bankruptcy Judge for the District of New Jersey

Staff Information

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

Rebecca A. Earl | Career Law Clerk

Maria DeOliveira | Law Clerk

402 East State Street
Trenton, N.J. 08608
Courtroom #8

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

Chambers phone number: (609) 858-9360

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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 no later than three business days prior to the hearing. All requests for adjournment should be submitted on local form "Adjournment Request" and directed to the Chambers email box, except adjournment requests in Chapter 13 cases which must be submitted to the Chapter 13 Trustee. Please consult the Chapter 13 Trustee’s website for information regarding adjournment requests of chapter 13 matters. Requests for extension of time should be directed to the Chambers email. Per D.N.J. LBR 9013-4, proposed forms of order along with proof of service are to be submitted to Judge Kaplan's Chambers e-mail address.

APPEARANCES:

In-Person Appearances: Although not mandatory, Judge Kaplan prefers in-person hearings for contested, non-chapter 13 matters. Be advised that visitors to the Courthouse must show proof of vaccination or a negative PCR test taken within the past 72 hours to be permitted entry. Please consult the District Court’s website for up-to-date information regarding Courthouse admission at https://www.njd.uscourts.gov/covid-19-orders-procedures-and-changes. Please note, however, that parties may still choose to appear telephonically through CourtSolutions in lieu of in-person participation (please see procedures below). In any event, parties are instructed to communicate with their adversary and the Court regarding whether they intend to appear in person or telephonically. Ideally, the Court would like all interested parties to appear via the same method (i.e., everyone appears in person, or everyone participates telephonically).

Telephonic appearances: Until further notice, Chapter 13 matters will continue to be conducted telephonically (see below). Additionally, Judge Kaplan is amenable to telephonic appearances for contested, non-chapter 13 matters. Prior consent is not necessary but parties are directed to contact their adversary to coordinate the type of participation (i.e. telephonic or in-person). All requests for telephonic appearances before Judge Kaplan shall be arranged through CourtSolutions, http://www.Court-Solutions.com, no later than 3:00 p.m. the court day prior to the hearing. To appear telephonically, parties must create a CourtSolutions account. Once an account is established, requests to appear telephonically can be submitted to Chambers via the CourtSolutions website. This request will either be approved or denied by Judge Kaplan’s Chambers. After a request is approved by Chambers, parties can log into their CourtSolutions account prior to the hearing time, and access the large orange button entitled “Open Hearing Dashboard” for dial-in instructions. The dial-in information will be the same for every reservation made. For complete information about CourtSolutions, please visit http://help.court-solutions.com. For dial-in problems, sign-in problems, or other issues with CourtSolutions, please contact CourtSolutions directly at (917) 746-7476 or email help@Court-Solutions.com.

Consistent with the Court's General Order Regarding Court Operations Under the Exigent Circumstances Created by Coronavirus (COVID-19) (as amended), the Court will conduct all chapter 13 matters telephonically until further notice. Please register for appearances via CourtSolutions using the above instructions. Telephonic appearance via CourtSolutions for chapter 13 matters applies to both the Court’s general chapter 13 calendar (held at 9:00am and 10:00am) and the afternoon holdover matters (generally held at 2:00pm). Counsel and Parties are further advised to consult the chapter 13 trustee's website regarding disposition of their case and the need for an appearance.

To ensure the quality of the record, all calls must be made from quiet locations except in the most extreme circumstances. Parties are asked to mute their lines – and not use the hold feature – until their case is called.

Copies of Papers

E-filing documents is mandatory. Courtesy copies of papers are not required unless specifically requested by Chambers.

Motions

Motions:

Stay Relief and other Motions: Per D.N.J. LBR 9013-3, all motions will be decided upon the papers unless opposition is filed. Only the movant or parties that have filed opposition may offer oral argument. 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: If opposition to a summary judgment motion is filed, oral argument is required unless instructed otherwise by the Court. Please consult the docket and Judge Kaplan’s calendar, as posted on the Court’s website, regarding hearing dates and scheduling.

Emergent Matters: Parties are referred to D.N.J. LBR 9013-2(c) and use of requisite local forms.

Pro Hac Vice Admissions: Judge Kaplan handles all written and oral requests for admission pro hac vice in accordance with D.N.J. LBR 9010-1(b). Oral motions may be made upon the Court at the time of hearing or trial.

Documents Under Seal: Requests for documents to be sealed are to be made in accordance with D.N.J. LBR 9018-1.

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

Trials

Trials:

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 Quiles, regarding discovery disputes and any request to have them resolved by telephonic hearing or otherwise prior to filing a motion.

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 . 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 consent, to schedule a settlement conference.
Per Judge Kaplan's 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. Absent the filing and exchange of prepared exhibits and witness lists, the Court may exercise discretion to exclude unexchanged documents and unidentified witnesses. At hearing or trial, parties are to have available sufficient copies of all exhibits for Judge Kaplan, adversaries and the Courtroom Deputy. Within 14 days from the conclusion of the trial, or at such time as directed by the Court, counsel is to file and serve numbered proposed findings of fact and conclusions of law, with supporting citations.
Consistent with the Court’s General Order Regarding Court Operations Under the Exigent Circumstances Created by Coronavirus (COVID-19) (as amended), trials scheduled prior to the reopening of the Court will be automatically adjourned. Upon consent, the Court will entertain parties’ requests to conduct trials virtually. Please contact Chambers for additional information regarding trials via a virtual platform.

Electronic Exhibits: Any party who wishes to electronically display exhibits must contact Judge Kaplan's Courtroom Deputy at least seven (7) days before the hearing or trial to coordinate with the Court's IT Department to allow for electronic display.

Zoom Registration Form

Zoom Proceeding Guidelines

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: When e-filing, do not select a hearing date for Final Fee Applications.

Reaffirmation Agreements

Reaffirmation Agreements:

Judge Kaplan does not handle Reaffirmation Agreements.

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Honorable Michael B. Kaplan, Chief Judge

LTL Management Case Information and Protocols

Staff Information

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