Judge William J. Fisher

Chambers Address:
238 Warren E. Burger Federal Building and U.S. Courthouse Map
316 North Robert Street
St. Paul, MN 55101

Phone: 651-848-1060

Courtroom Location (St. Paul):
Courtroom 2A
316 North Robert Street
St. Paul, MN 55101

Courtroom Location (Duluth):
Courtroom 2
515 West First Street
Duluth, MN 55802

Hearing Information

To obtain a hearing date in a case or proceeding pending in the Saint Paul office:
Contact the Calendar Clerk:
651-848-1061
mnb_fisher_hearings@mnb.uscourts.gov

To obtain a hearing date in a case or proceeding pending in the Duluth office:
Contact the Deputy-in-Charge:
218-529-3601
mnb_duluth_hearings@mnb.uscourts.gov

Judge Tabs

Communication

Ex Parte

Parties in interest, attorneys and other professionals MUST NOT communicate in person, by phone or by e-mail with the bankruptcy judge concerning bankruptcy cases or proceedings, unless expressly authorized to do so. See Fed. R. Bankr. Proc. 9003(a). Parties or attorneys seeking relief from the court must obtain a hearing date and time from the calendar clerk for the judge assigned to the case, and file a Notice of Hearing (setting forth the date and time of the hearing provided by the calendar clerk) and a written Motion specifying the relief sought. Local Rules 9013-1 - 9013-3 and Local Form 9013-2 govern motion practice and are available on the Court's website, www.mnb.uscourts.gov, under Rules and Forms.

Seminars Disclosure

The U.S. Judicial Conference adopted a private seminars disclosure reporting policy (pdf) that requires educational program providers and judges to disclose certain information relevant to judges' attendance at privately-funded educational programs.

Any organization covered by the policy that issues an invitation on or after January 1, 2007 (for a program beginning after that date), to a federal judge to attend an educational program as a speaker, panelist, or attendee and offers to pay for or reimburse that judge, in excess of $305, must disclose financial and programmatic information.

Click to view a Seminars Disclosure report.

Rules for Self Calendaring

Attorneys may self-calendar lift stay motions and applications for compensation. Trustees, attorneys for Trustees and the United States Trustee may self-calendar all of their motions. Attorneys need not contact the calendar clerk to schedule these motions or applications, except for those being filed in a closed case.

To view available pre-set hearing dates, log in to CM/ECF first (if not already) and then click here (if not logged in to CM/ECF first, you will receive an Internal Server Error).

For more information, please contact the Calendar Clerk at 651-848-1061.

Motion to Value Guidelines

Click to view the Motion to Value Guidelines.

Order Preparations & Hearing Guidelines

Order Preparations & Hearing Guidelines for Judge William J. Fisher

1. Electronic Format

All proposed orders must be submitted in electronic form. The document should be converted directly from Word or WordPerfect to PDF. If it is scanned, additions or changes cannot be made. Chambers staff may contact you for a word processing version of your proposed order.

2. Date

Please put a place for the date on the left side below the text. Do not put a month or year, simply put the word “Dated:” There is no need to include a line.

3. Signature Line

Put a line for a signature below the text on the right side of the page. Do not include anything other than Judge Fisher's name. Please do not include “Honorable,” “The Honorable,” or “Hon.” The proper name is “William J. Fisher.” Please note there is no “c” in Judge Fisher’s name. The proper title to be included directly beneath Judge Fisher's name is “United States Bankruptcy Judge.”

4. Text of Order

Do not underline words in the text of proposed orders. These underlines cannot be edited and do not move when other words in the sentence are edited.

5. Mandatory Language in Orders

Do not use words that would place parties in contempt of court if they do not follow the order. For instance, rather than saying “the Debtor shall do X,” say “the Debtor agrees to do X.” That is a finding that goes above the “It is ordered” section. Similarly, rather than saying “the Trustee is directed to distribute the funds,” say “the Trustee is authorized to distribute the funds.” In Chapter 13 relief stay orders, do not include the language, “The Chapter 13 Trustee shall make no further payments on the pre-petition arrears claim of Movant.” If anything, say “The Chapter 13 Trustee is not required to make…”

6. Multiple Page Orders

If your order runs to more than one page, make sure that the last page contains more than just the Court’s signature and date.

7. Inappropriate Relief in Orders

Do not include in the actual order things the Court is not ordering, such as factual determinations or stipulations the parties have made. Those items really belong before the words “It is ordered.”

8. Submitting Proposed Orders

Ordinarily, the proposed order is filed with the motion. If you are submitting an order after you have filed the motion, email it to Judge Fisher’s law clerks: wjfchambers@mnb.uscourts.gov.

9. Hearing/Appearance References in Orders

In a proposed order filed with a motion, do not include any reference to a hearing having been held, since that rarely is the case. This is especially true of proposed relief stay orders. If you are submitting an order after a hearing, then it would be appropriate to refer to a hearing having been held. The same is true with the statement “appearances, if any, were as noted on the record.” If there is not going to be a hearing, do not include this statement. If there was a hearing, include the proper appearances.

10. Disposition

Make sure the relief granted is actually stated in the dispositive part of the order. Do not simply say “the motion is granted” or “the trustee’s objection is overruled.” If real property is involved, include the legal description. Make sure the legal description is correct. Lastly, do not include as part of your relief anything which you did not request in the motion.

11. Stipulations

Do not state the Court approves the stipulation, unless a rule allows approval. See, e.g., Fed. R. Bankr. P. 9019.

12. Telephonic Court Appearances

In light of the COVID-19 pandemic, most of Judge Fisher’s hearings are telephonic or when appropriate, by Zoom. This includes some evidentiary hearings. Please see the Court policy on telephonic hearings. If you would like to appear in person, and such appearance is allowed, you should notify chambers staff so they can prepare appropriately and ensure safety precautions are in place.

13. Default Hearings

If a hearing is to go by default, please be available by phone at the time of the hearing in case the Court needs to contact you with any questions.

14. Motions for 2004 Examination

Orders granting motions for 2004 examinations will be limited to granting authority to conduct the examination and the movant may use the discovery procedures under the Federal Rules of Bankruptcy Procedure 9014 and 9016.

Financial Conflict Disclosures

Click to view Judge Fisher's Financial Conflict Disclosures.

Common Errors to Avoid

1. Local Rule 9013-3 and Service

Attorneys are encouraged to read Local Rule 9013-3 carefully. The rule was amended in June 2021 to require service on various parties, not simply notice or transmittal. When Local Rule 9013-3 requires service on any given party, attorneys should refer to Federal Rule of Bankruptcy Procedure 7004 for specific requirements on the manner in which a party should be served. For instance, proper service “[u]pon a domestic or foreign corporation or upon a partnership or other unincorporated association” entails “mailing a copy of the summons and complaint to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process…” Fed. R. Bankr. P. 7004(b)(3). Further, there are very specific rules for serving a federal governmental agency, such as the Internal Revenue Service, see Fed. R. Bankr. P. 7004(b)(4)-(5), and states. See Fed. R. Bankr. P. 7004(b)(6). Lastly, if a bank is FDIC-insured, service should be done by certified mail instead of first-class mail, unless one of the exceptions applies. See Fed. R. Bankr. P. 7004(h).

2. Federal Rule of Bankruptcy Procedure 2002(a)(6) and Notice

Federal Rule of Bankruptcy Procedure 2002(a)(6) requires that notice be given to all creditors for any application for compensation in excess of $1,000. If there is a Chapter 11 committee, Federal Rule of Bankruptcy Procedure 2002(i) allows the Court to significantly limit notice (generally parties must make the request). However, once a case converts to a Chapter 7, any Chapter 11 committee that would have allowed for the invocation of Federal Rule of Bankruptcy Procedure 2002(i) is dissolved. Therefore, an order limiting notice pursuant to that rule no longer applies. While other notice-limiting provisions may become applicable upon conversion, see, e.g., Fed. R. Bankr. P. 2002(h), applicants should give notice to all creditors unless such applicants request otherwise. In contrast to service, notice does not require adherence to Federal Rule of Bankruptcy Procedure 7004.

3. Agreed Orders and Motions for Relief from Stay

For the first instance of default, a creditor should provide at least ten days’ notice to the debtor before seeking an order (with the exception of a contemporaneous payment with the entry of the order, in which case three business days’ notice is sufficient). The Court will consider three business days’ notice sufficient after multiple defaults. Parties should draft their agreed orders accordingly or highlighted language will be added.

4. Duluth and St. Paul Calendars

As of July 2021, Judge Fisher presides over all Duluth matters, in addition to St. Paul matters. When self-calendaring, attorneys should ensure they select the correct location for a hearing. Duluth matters may not be scheduled on the St. Paul calendar and vice versa. Similarly, in notices of hearing and motion, attorneys should ensure they list the correct court address and courtroom. Please note Judge Fisher’s courtroom in St. Paul is now 2A, while his courtroom in Duluth is just 2.

5. Adversary Proceedings and Statements of Consent

In the complaint, the plaintiff must make a statement pursuant to Federal Rule of Bankruptcy Procedure 7008 indicating whether the plaintiff consents to final orders or judgment by the bankruptcy court. Likewise, in the answer, the defendant must make a statement pursuant to Federal Rule of Bankruptcy Procedure 7012 indicating whether the defendant consents to final orders or judgment by the bankruptcy court. If either the plaintiff or the defendant (or both) forget to include such statements, Judge Fisher will ask the parties to file supplemental documents. Finally, any entity that is a party to an adversary proceeding should file a corporate ownership statement as required by Federal Rule of Bankruptcy Procedure 7007.1.

United States Bankruptcy Court

District of Minnesota

Honorable Katherine A. Constantine, Chief Judge • Tricia Pepin, Clerk of Court

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