Judge Erik P. Kimball

Divisional Office:

Announcement:

Notice of Change in Service Provider for Telephonic Appearances - effective April 13, 2020.

Judge Tabs

Address/Contact

LOCATION

UNITED STATES BANKRUPTCY COURT
Flagler Waterview Building
1515 North Flagler Drive, 8th Floor
Courtroom: B
West Palm Beach, FL 33401

COURTROOM DEPUTY

Dawn Leonard
(561) 514-4143

Practice Tips

None at this time.

Procedures/Information

No Ex Parte Communications

Judge Kimball does not engage in any kind of communication with parties before the Court except on the record in the courtroom and through documents filed with the Clerk and orders entered by the court. Bankruptcy Rule 9003 prohibits such ex parte communication with the Judge by any party in interest regarding any matter affecting a case. Failure to comply with this rule may result in sanctions.
DO NOT write letters to, e-mail, or call Judge Kimball, his law clerks, the Courtroom Deputy, or any member of the Clerk's office. Except in unusual circumstances, each letter or e-mail addressed to Judge Kimball or his law clerks or otherwise sent to the court and identifying a particular case or proceeding, will be placed on the relevant docket and made part of the public record. Any such letter or e-mail may be set for hearing.

Courtroom Decorum

Whether or not the Judge is presiding, while at the courthouse (including during meetings of creditors under section 341 of the Bankruptcy Code) counsel and other persons should conduct themselves professionally, with appropriate respect for the Court, members of the Clerk’s Office, trustees, counsel to the United States Trustee, courthouse staff, opposing counsel, litigants, and witnesses. The Court’s Guidelines for Courtroom Decorum, which are posted on the Court’s website, will be strictly enforced.
Mobile phones may not be used in the courtroom at any time when court is in session except that counsel may use mobile phones to consult their personal calendars as necessary. Court is in session at any time the proceedings are being recorded even if the Judge is not presiding.
Personal conversations are to be conducted outside the courtroom when court is in session. Mobile phones and any other device that makes noise must be turned off, or placed in vibrate mode, while court is in session.

Local Rules and Forms; Administrative Orders

The Local Rules, Administrative Orders, and Local Forms are posted on the Court’s website. Judge Kimball expects that all counsel and pro se parties appearing before the Court will be familiar with these documents as updated and amended from time to time.

No Attorney

Individuals Appearing without Counsel (Pro Se)

If you are an individual appearing without a lawyer (pro se), you should review the Court’s Pro Se web page. Pro se parties must comply with the Bankruptcy Code, the Bankruptcy Rules, the Federal Rules of Evidence, and the Local Rules of this Court. Copies of the Local Rules are available on the Court’s website.
The Judge, the Judge’s law clerks, and members of the Clerk’s Office are not permitted to provide legal advice of any kind. DO NOT contact the Judge, the Judge’s law clerks, or any person in the Clerk’s Office other than the Courtroom Deputy for any purpose. You may contact the Courtroom Deputy solely to address scheduling concerns or to arrange a telephonic appearance when permitted by the Court.
If you file a complaint, motion, or objection with the Court, it must clearly explain what you want the Judge to do and why. You must also send a copy of any such document and, if you are the movant, a copy of any notice of hearing issued by the court, to all people and companies entitled to receive them under the relevant rules.

Telephonic Appearance

UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT RECORD OR BROADCAST THE PROCEEDINGS CONDUCTED BY THE BANKRUPTCY COURT

Guidelines

Arranging Telephonic Appearances

Hearings by Video Conference

GENERAL PROCEDURES FOR HEARINGS BY VIDEO CONFERENCE [pdf]

Unless ordered otherwise, the following procedures apply to all hearings scheduled as video conferences:

1. VIDEO CONFERENCE. The hearing will take place only by video conference. Do not go to the courthouse. Attorneys must advise their clients and witnesses not to appear at the courthouse. The video conference will be conducted using the services of Zoom Video Communications, Inc. Zoom will provide a password-protected link for the appropriate Zoom video conference to those who register to participate in accordance with paragraph 2 below and who have been approved by the Court. All participants must conduct a pre-hearing test of Zoom using the same equipment that they intend to use during the hearing.

2. REGISTRATION FOR VIDEO CONFERENCE. Each person wishing to participate in the hearing by video conference must register for the video conference using the web address provided in the notice of hearing generated by the Court or provided in the Court order scheduling the hearing. Participants must register at least 24 hours prior to the hearing, except for hearings set on an emergency basis, in which case participants must register at least one hour prior to the hearing. If the Court sets more than one matter for hearing by video conference at the same date and time, participants need register only once but must provide all relevant case numbers, case names and clients in the registration process.

3. LIMIT ON PARTICIPATION BY VIDEO; ALTERNATIVE TELEPHONE PARTICIPATION. Parties should limit video conference participation to those persons necessary to present the matter(s) set for hearing. If the number of persons wishing to participate in the video conference, in the Court’s view, exceeds the number that would permit the efficient and reliable transmission of the hearing by video conference, the Court may require certain persons to participate in the hearing only by telephone. The Court will provide to each person participating by telephone separate dial-in instructions, which may be used with any telephone equipment.

4. PUBLIC ACCESS. The general public is invited to listen to the hearing by telephone. Any person wishing to listen to the hearing by telephone may e-mail the courtroom deputy for the relevant Judge to obtain dial-in instructions. E-mail contact information for courtroom deputies is provided under the name of each Judge on this web site.

5. RECORDING PROHIBITED; OFFICIAL RECORD. No person may record the proceedings from any location by any means. The audio recording created and maintained by the Court will be the sole basis for creation of a transcript that constitutes the official record of the hearing.

6. REMOTE WITNESS TESTIMONY. In accordance with Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 9017), for good cause and in compelling circumstances, a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom. Unless ordered otherwise, the Court will permit examination and/or cross-examination of witnesses in all evidentiary hearings conducted by video conference. The Court will administer the oath to each remote witness during the video conference and witness testimony will have the same effect and be binding upon each remote witness in the same manner as if such remote witness was sworn in by the Court in person in open court. As additional safeguards, the Court requires as follows: (a) if requested, each remote witness must disclose the city, state and country, and the type of place (such as home or office), where she or he is located while testifying; (b) no other person is permitted to be in the same room with any remote witness unless specifically authorized by the Court; (c) each remote witness shall have with her or him only those documents also provided to the Court for consideration in connection with the matter(s) set for hearing and no other documents or data unless specifically authorized by the Court; and (d) no person may communicate with a witness during his or her testimony, except by direct examination or cross-examination on the record, unless specifically authorized by the Court.

7. RESPONSIBILITY FOR REMOTE WITNESSES: The party sponsoring each remote witness shall be responsible for ensuring that the remote witness has registered with Zoom and obtained the password-protected link to the video conference, the remote witness has obtained all exhibits prior to the hearing, and the remote witness has the technological capability to participate in the hearing via Zoom.

8. CONDUCT DURING HEARING. To avoid distractions during the hearing, all participants must mute electronic devices and disable all audible alerts. Although conducted using video conferencing technology, the hearing is a court proceeding. The formalities of the courtroom must be observed. Counsel and witnesses must dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court.

9. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All papers submitted to the Court, including exhibits, must comply with the federal judiciary privacy policy as referenced under Local Rule 5005-1(A)(2).

Chapter 13

Most uncontested Chapter 13 confirmation hearings and many uncontested Chapter 13 motions are handled by the Chapter 13 Trustee without the Judge present in the courtroom. These matters are presented to the Court by agreed or uncontested proposed orders. However, even if the Judge is not present, court is in session and the proceedings are recorded. All rules regarding courtroom decorum apply, including dress code and use of mobile phones. Please be advised that Judge Kimball often listens to the uncontested Chapter 13 docket from chambers.

Other Hearings

Evidentiary Hearings

Chapter 11 Fast Track

Emergency Matters

Courtroom Electronics

Calendar Procedures

Obtaining, Continuing and Cancelling Hearing Dates

With the exception of matters that may be self-calendared (see Guidelines for Self-Calendaring), Judge Kimball’s calendar is maintained exclusively by the Courtroom Deputy. Do not call Judge Kimball’s law clerks about calendar matters.
Hearing dates for filed motions are assigned by the Court. The movant will receive a notice of hearing. It is the responsibility of the movant to serve the notice of hearing on other parties and file an appropriate certificate of service as required by Local Rule 2002-1(F). Failure to timely serve a notice of hearing and file a certificate of service thereof may result in denial of the relief requested and/or sanctions.
Except in unusual circumstances, contested matters are set for non-evidentiary hearing on a weekly motion calendar. At the first hearing, the Judge determines whether an evidentiary or additional non-evidentiary hearing is required.
Continuances of matters must be requested by filing a motion for continuance. If all relevant parties agree to the requested continuance, the motion should be designated as agreed and an agreed proposed order may be submitted. If all relevant parties do not agree, the motion for continuance may be set for hearing.
Matters settled prior to a hearing may be removed from the calendar by calling the Courtroom Deputy not later than noon at least one (1) business day prior to the hearing.

Papers

In all written motions and applications, the opening paragraph should include a specific request for relief, cite appropriate sections of the Bankruptcy Code and Bankruptcy Rules, and provide a brief description of the basis for the requested relief. Written materials should be succinct and logically presented. Judge Kimball encourages counsel to abide by the “Rule of 5 and 10.” A routine matter, typically requiring approximately five (5) minutes for presentation to the Court, should be limited to five (5) pages and include no more than five (5) case cites. A more complex matter, typically requiring approximately ten (10) minutes for presentation to the Court, should be limited to ten (10) pages and have no more than ten (10) case cites. Repetitive inclusion of detailed case background information is not favored; it is acceptable to incorporate by reference the Case Management Summary or another document filed on the docket for this purpose. If Judge Kimball requires additional input from the parties, he will request that the parties file briefs or memoranda.
As required by Local Rule 9073-1(D), counsel for the movant must certify that he or she has contacted all adverse parties in an attempt to resolve the matter without a hearing. Failure to comply with the local rule may result in denial of the motion.

United States Bankruptcy Court

Southern District of Florida

Laurel M. Isicoff, Chief Judge
Joseph Falzone, Clerk of Court

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