ORDER PREPARATION AND HEARING GUIDELINES FOR JUDGE 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:”

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 my 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 my 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.” Similarly, rather than saying “the Trustee is directed to distribute the funds,” say “the Trustee is authorized to distribute the funds.”

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.   Telephonic Court Appearances

Please see the Court policy on telephonic hearings. If attendance in person or travel is an issue for you, please request to appear by telephone at the earliest possible convenience.

​12.   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.

13.   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.

Proposed orders should not include any language directing or mandating any party take any action.