Know Your Pennsylvania Bankruptcy Judge’s Judicial Practices and Procedures - Part One: Eastern District of Pennsylvania

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.

In the Eastern District of Pennsylvania, the general website is http://www.paeb.uscourts.gov/.  There are five bankruptcy judges sitting in Philadelphia: Chief Judge Diane W. Sigmund, Judge Bruce I. Fox, Judge Stephen Raslavich, Judge Eric L. Frank, and Judge Jean K. FitzSimon.  One bankruptcy judge sits in Reading.

Chief Judge Sigmund’s judicial practices and procedures consists of 18 pages.  In addition to her preferences regarding communication with the court, communication with law clerks, certain filing preference, and procedures during trial, Chief Judge Sigmund provides two of her form Pretrial Orders.

Judge Fox’s judicial practices and procedures consists of 8 pages.  Judge Fox’s procedures discuss his preferences regarding communication with the court and clerks, litigation generally, contested matter practice and procedure, adversary proceedings, trial proceedings, and injunctions.

Judge Raslavich’s judicial practices and procedures consists of 12 pages.  In addition to discussing his preferences regarding communication with the court and clerks, litigation generally, contested matter practice and procedure, adversary proceedings, arbitration, trial procedure, and injuctions, Judge Raslavich also provides his form Pretrial Order.

Judge Frank’s judicial practices and procedures consist of 17 pages.  Judge Frank’s procedures discuss his preferences regarding communication with the court, litigation generally, uncontested matters, appearance in court, appearance by telephone or video conference, contested matter practice and procedure, adversary proceedings, arbitration, trial procedure, injunctions, and courtroom decorum and conduct of counsel, Judge Frank also provides his form Pretrial Order.

Judge FitzSimon’s judicial practices and procedures consist of 8 pages.  Judge FitzSimon’s procedures discuss her preferences regarding communication with the court, litigation generally, contested matter practice and procedure, adversary proceedings, arbitration, trial procedure, and injunctions.

Judge Richard E. Fehling, the sitting bankruptcy judge in Reading, has a judicial practices and procedures manual consisting of 17 pages.  Judge Fehling often updates his procedures and conveniently provides a list of recent changes and procedures on the first few pages of his manual.  Throughout the procedures, he also marks the recently changed items in the margin as “NEW.”  Judge Fehling’s procedures discuss his preferences regarding communication with the court, litigation generally, uncontested matters, adversary proceedings, mediation and arbitration, expedited contested matters, injunctions in adversary proceedings.  In addition, Judge Fehling provides his preferred form for Orders Setting Expedited Hearings on Motions as well as his form Pretrial Order.