Procedures for Hearings before Hon. Frank J. Santoro, Chief Judge

***EFFECTIVE MAY 1, 2021***
Matters must be noticed for hearing in accordance with Norfolk and Newport News Standing Order 21-1 for both original and amended motions listed below. Counsel for the moving party must select an appropriate hearing date and time below based upon the Chapter of the case, the Division in which the case is pending, and the Judge to whom the case is assigned. Notwithstanding the requirement to notice the listed matters for hearing, counsel may submit consent orders resolving matters in accordance with the Court’s existing practices for the Court’s consideration. Submission of a consent order, however, does not preclude the Court from retaining a matter on the docket for hearing. Counsel are reminded that Norfolk and Newport News Standing Order 20-4 remains in effect until further notice.

*Please note: if counsel projects that a hearing will be longer than ten (10) minutes or if evidence or legal argument will be presented, see Length of Hearings for additional guidance.

Chapter 13 Trustee Motions and Objections
Chapter 7 Trustee Motions and Objections (but see Matters That May Proceed on Negative Notice)
Motions in Chapter 11 cases (but see Matters That May Proceed on Negative Notice)
Motions Requesting Nunc Pro Tunc Relief
Motions to Allow Late Claim
Motions to Appoint a Representative
Motions to Approve Loan Modification
Motions to Convert to Chapter 7, Chapter 11, or Chapter 13 (filed by a creditor or party in
interest)
Motions to Dismiss Chapter 7 or Chapter 13 cases (except debtors’ motions to voluntarily
dismiss their Chapter 13 case)
Motions to Extend the Automatic Stay
Motions to Extend Time to Object to Discharge/Dischargeability
Motions to Impose the Automatic Stay
Motions to Reconsider
Motions to Redeem
Motions for Relief from Stay Pursuant to § 362 and Co-Debtor Stay Pursuant § 1301(c)(1)
and/or § 1301(c)(3)
Motions to Reopen
Motions to Vacate Dismissal
Motions to Withdraw as Attorney
Any matter for which a hearing is required under the applicable rules, unless that matter is listed in one of the categories below.

Counsel may, but are not required to, schedule hearings on matters not listed above, unless those matters are listed below as ones to be scheduled by the Court.

If a response and/or objection is filed to a motion proceeding on negative notice, counsel for the moving party must schedule the motion for hearing in accordance with the applicable Bankruptcy Code and rule provisions, unless the parties are able to resolve the matter and present an order to the Court within fourteen (14) days after the later of (1) the expiration of the notice period; or (2) the filing of the response/objection.

Applications to Employ
Motions to Appear Pro Hac Vice
Motions to Incur Debt
Motions to Refinance
Motions for Relief from Co-Debtor Stay Pursuant § 1301(c)(2)
Motions to Sell
Motions to Shorten Time
Motions to Substitute Counsel
Motions to Suspend Plan Payments
Notices of Default
(This list is non-exclusive.)

The Court reserves the right to issue a hearing date on any matter listed above.

Upon issuance of a hearing date by the Court, it is the movant’s responsibility to comply with proper noticing requirements. Any matter not properly noticed will be removed from the docket.

Chapter 11 Disclosure Statements
Confirmation of Chapter 11 Plans
Motions in Adversary Proceedings
Motions for Hardship Discharge
Motions for Waiver of Compliance with Statutory or Rule Requirements

The Court reserves the right to issue a hearing date on any matter not listed in this section and/or on any matter that may proceed on negative notice.

Motion for Expedited Hearing on any motion (for additional guidance, see Expedited Hearings)
Motion to Continue Hearing (for additional guidance, see Hearing Continuances)
Motion to Excuse Appearance (for additional guidance, see Excusing Parties from Hearings)
Motion to Appear Telephonically (for additional guidance, see Telephonic Appearances)

If the moving party includes an incorrect hearing date, time, or location in the notice of hearing, the Clerk’s Office will issue an Inquiry Checksheet notifying the moving party of the error, and the matter will not appear on the Court’s docket. It is the moving party’s responsibility to timely correct any deficiency and verify that the matter is properly placed on the Court’s docket. It is the responsibility of the moving party to view the Court’s website prior to filing the corrected notice of hearing to obtain an available hearing date. The failure to properly notice for hearing matters for which the Court supplies hearing dates may result in the entry of an order denying the motion or overruling the objection.

Only counsel for the moving party (the filing attorney or another member of the filing attorney’s firm) may remove a hearing from the docket. Hearing cancellations are docketed by the moving party through the ECF Central Hearing Cancellation Module, an application contained within CM/ECF. Please see the Hearing Cancellations: Norfolk and Newport News Divisions  page.
A new version of the Hearing Cancellation Module was launched on November 30, 2018. Click on the Hearing Cancellations page link above for more information.

Except for continuances requested in Court during a hearing, continuances must be requested by motion pursuant to Local Bankruptcy Rule 9013-1(J). The Court will not grant continuance requests made by telephone. The party requesting a continuance is encouraged to consult with opposing counsel, and the trustee if applicable, prior to filing a motion requesting a continuance and to state the position of opposing counsel and the trustee, if applicable, in the motion. Continuances should be requested only for good cause and with sufficient time to allow the Court to consider the motion prior to the hearing date. All continuance requests should propose a date and time for the continued hearing from the dates available, if dates for such matters are provided. The moving party should contact the respective Judge’s Courtroom Deputy immediately upon the filing of a motion requesting a continuance to ensure timely consideration.

If a hearing will be longer than 10 minutes, or if evidence or legal argument will be presented, the moving party must request a hearing date from the Judge’s Courtroom Deputy. After a matter has been scheduled for hearing, if it subsequently becomes apparent to the moving party that the hearing will be longer than 10 minutes or evidence or legal argument will be presented, the moving party should contact the Courtroom Deputy to determine whether the scheduled hearing date and time remains acceptable to the Court. The moving party should provide the Courtroom Deputy with the estimated time for the matter; any applicable time frame within which the parties desire the matter to be heard; and any avoid dates for the parties and their counsel, in the event the Court determines that the hearing should be rescheduled.

The moving party should contact the respective Judge’s Courtroom Deputy immediately upon the filing of a motion requesting an expedited hearing to ensure timely consideration.

Chief Judge Santoro may require a motion, dependent upon the circumstances; inquiries should be directed to Chief Judge Santoro’s Courtroom Deputy in this regard. Telephonic appearances should be requested only for good cause. Mere inconvenience does not constitute good cause. Telephonic appearances are discouraged if counsel intends to make substantive argument. Counsel and pro se parties are not permitted to participate telephonically for any hearings of an evidentiary nature, including the examination of witnesses or the submission of evidence. Counsel appearing telephonically must be admitted to practice before the Court pursuant to Local Bankruptcy Rule 2090-1. Parties appearing telephonically must provide a telephone number (preferably a landline), as well as an alternate telephone number if possible, at which they can be reached by Court staff at the hearing time and must remain available until the hearing is called on the docket. If other matters on the docket precede the matter in which a telephonic appearance will occur, the party appearing telephonically may not be contacted until the Court has completed the preceding docket items and is ready to commence the hearing. Parties should identify themselves and limit any background noise when speaking. Parties should put their phones on mute otherwise during the proceedings. If the quality of the call/connection is not sufficient (e.g., static, ambient noise, etc.), the Court may direct that the call be disconnected. Parties should be aware that there may difficulty hearing the proceedings at times due to the nature of the Court’s telephone system. If multiple parties will be appearing telephonically, the Court may request that a party establish a single call-in number for the hearing and provide the requisite information to the Court and all parties appearing telephonically. All parties appearing telephonically should be present when the Court connects to the call.

It is the Court’s expectation that debtors will be present for all hearings in their cases. If debtor’s counsel learns that a debtor will be unable to attend a hearing, debtor’s counsel must request that the Court excuse the debtor’s appearance in writing no later than 3:00 p.m. two (2) business days prior to the hearing. In extenuating circumstances, the Court may waive the requirement to make such request in writing.

Norfolk and Newport News Standing Order 21-1 – Motions Practice in the Norfolk and Newport News Divisions
Norfolk and Newport News Standing Order 20-4 – Implementation of Second Amended Temporary Hearing Protocol for Bankruptcy Cases Pending in the Norfolk and Newport News Divisions
Standing Order 18-4 – Revision to Form of Chapter Plan and Related Motions, Exhibit 1 to Local Bankruptcy Rules
Norfolk and Newport News Standing Order 18-1 – Chapter 13 Confirmation Hearings: Follow-up to August 15, 2018
Norfolk and Newport News Standing Order 16-1 (Amended 01-20-16) and Public Notice – Bankruptcy Cases in Which a Creditor Files a Response to Notice of Final Cure Payment Indicating Postpetition Amounts Are Due
Standing Order 15-4 and Public Notice – Bar Date for Objecting to Proofs of Claims in Chapter 13 Cases
Norfolk and Newport News Standing Order 10-2 – Adversary Proceedings in Which the Complaint is Not Properly Served or a Certificate of Service is Not Filed
Norfolk and Newport News Standing Order 10-1 – Suspension of the Effective Date of Standing Order 10-2
For all Standing Orders entered by the Court, please see the Standing Orders page.

Norfolk-Newport News Only-Standing Order No. 21-1—Modification to Motions Practice in the Norfolk and Newport News Divisions. Effective May 1, 2021: As set forth in Norfolk Standing Order No. 21-1 and Newport News Standing Order No. 21-1, dated April 8, 2021, and applicable to the Norfolk and Newport News divisions of the Court, “[f]or motions filed. . .on or after May 1, 2021, counsel for the moving party shall be responsible for scheduling matters for hearing in accordance with the terms of this Standing Order and the instructions set forth on the Procedures for Hearings pages for each Undersigned Judge on the Court’s internet website, at www.vaeb.uscourts.gov”
Change in Chapter 13 Plan Confirmation Procedures in the Norfolk and Newport News Divisions, follow-up to August 15, 2018, Public Notice. Effective 10/29/2018, as set forth in the Public Notice issued on August 15, 2018, the Judges of the Norfolk and Newport News Divisions of the Court have determined that Confirmation Hearings will be held on all Chapter 13 original and amended plans filed on or after October 29, 2018, in those divisions.
Impending Change in Chapter 13 Plan Confirmation Procedures in the Norfolk and Newport News Divisions. Dated 08/15/2018, the Judges of the Norfolk and Newport News Divisions of the Court have determined that confirmation hearings will be held on all Chapter 13 original and amended plans filed beginning in mid-October 2018, in those divisions. The effective date regarding the affected filed original and amended plans will be set forth in a follow-up Court-issued Public Notice.
Motion to Vacate Order Dismissing Case. Effective May 1, 2014, after the conclusion of a hearing on a Motion to Vacate Order Dismissing Case, the Court will enter its own order granting or denying the motion. The prevailing party at the hearing should no longer submit an order for entry via BOPS for these motions. In Chapter 13 cases, the Chapter 13 Trustee may be directed to submit a supplemental order vacating the dismissal.

Hon. Frank J. Santoro, Chief Judge

Courtroom Deputy: LaTanya Gibbs (757) 222-7513
Backup Courtroom Deputy: Jennifer Hinkle (757) 222-7515

Hon. Stephen C. St. John

Courtroom Deputy: Diana Morehead (757) 222-7573
Backup Courtroom Deputy: Jennifer Hinkle (757) 222-7515