Monthly Archives: October 2012

Revised Rules Relating to Adjournment Requests

D.N.J. LBR 5071-1 CONTINUANCE

(a) An adjournment request shall be made no later than 3 business days before the hearing date. Before requesting an adjournment, the requesting party shall attempt to obtain the consent of the other parties and inform the Court of their position, including the reasons for any opposition.

(b) If a request cannot be presented to the Court within the time period provided in (a), the parties shall appear on the hearing date. The adjournment request will be considered at that time.

Compliance with this rule has been slipping and some practitioners have, appropriately, brought this to the court’s attention. The purpose of the rule is to avoid waste of attorney’s time, client’s funds and judicial resources in preparing for a matter that is not ready to proceed.

In order to encourage compliance with Local Rule 5071-1, I will adopt the following procedure:

1. A request for adjournment will be considered timely if made, with the consent of all parties in interest, by 4 P.M. on Wednesday for a Monday motion day.

2. Timely requests for adjournment with the consent of all parties in interest may be granted unless the court orders otherwise.

3. One late adjournment request with the consent of all parties in interest, may be granted, however, the next return date will be peremptory. No further adjournments will be granted and the parties must be prepared to proceed.

Updated Claims Policy :: Late Claims

Effective 10/1/12, Trustee shall not pay tardily filed claims unless otherwise provided for by Court order.  Debtor’s counsel is to review all claims with the bar date and object to any claims that are tardily filed. In default of such objection, the Trustee shall file a Motion to Expunge the Claim, however, debtor or creditor can file an objection or response to the Motion setting forth reasons for allowance of the claim.  Such allowance shall be subject to discretion of the Court.

Click here to view the updated claims policy.