Local Rule 9075-1: Hearings

Rule 9075-1 Hearings

(a) No Hearing Required.

(1) Absent opposition or other response timely filed with the court, a hearing is not required for any noticed motion except as otherwise required by these Rules, the Bankruptcy Code or Federal Rules of Bankruptcy Procedure.

(2) The following is a non-exhaustive list of matters that require hearings: [A] motions to convert or dismiss a case where the Code requires a hearing; [B] objections to claims; [C] motions to sell free and clear of liens; [D] motions to approve disclosure statements and confirm chapter 11 plans; and [E] motions to use cash collateral.

(3) When no hearing is required, after the opposition deadline has passed and no oppositions or other responses have been filed, the moving party must: [A] lodge a proposed order consistent with AK LBR 9021-1; and [B] file a Certificate of No Objections (AK LBF 4), signed under penalty of perjury.

(b) Scheduling Hearings.

(1) Hearing dates are obtained from the judge's chambers by submitting a completed Calendar Request (AK LBF 7) via email to ecf_orders@akb.uscourts.gov.

(2) In a matter in which a hearing is required, the moving party must request a hearing date from the court; in all other matters either the moving party or a party opposing the requested relief may request a hearing date.

(3) In chapter 13 cases, parties should request the same hearing date for all hearings on objections to claims under Rule 3007, Federal Rules of Bankruptcy Procedure, and any other miscellaneous motions in conjunction with the chapter 13 case, so that the hearings on all motions are set for the same date and time.

(c) Matters Deemed Submitted. (1) [A] Unless one of the parties submits a Calendar Request or unless a hearing is required by a Rule or order of the court, a matter is deemed submitted for the court's consideration seven (7) days after the opposition deadline has passed. [B] Once a matter is deemed submitted, it is the responsibility of the moving party to lodge a proposed order with the court, consistent with AK LBR 9021-1.

(d) Notice of Hearings.

(1) Unless otherwise provided by court order or Rule, the party requesting a hearing must file and serve written notice of the hearing on the affected party(ies), trustee, and debtor(s) or debtor's attorney no later than seven (7) days prior to the date of the hearing.

(2) Written notice of the hearing must satisfy the requirements under AK LBR 2002-1.

(3) The court may decline to hear a matter, or may decide against the non-complying party, if the notice of hearing is not filed and served in accordance with paragraph (d)(1) above.

(e) Continuances.

(1) Any party requesting the continuance of a hearing must: [A] file a motion seeking the continuance at least two (2) business days prior to the scheduled proceeding; [B] attach to the motion an affidavit advising the court of the affected parties' response to the request or what attempts have been made to gain each party's consent to the continuance; and [C] lodge a proposed order granting the motion. [D] If a motion to continue a hearing is not filed within two (2) business days of the scheduled proceeding, the parties shall appear at the scheduled hearing and request a continuance orally. (2) [A] Within one (1) business day of the entry of an order granting a motion to continue, the party requesting the continuance must give telephonic notice to all affected parties of the: (i) date; (ii) time; (iii) location; and (iv) reason(s) for the continuance; and [B] file an affidavit or declaration attesting that such telephonic notice was given.

(i) The affidavit must be filed within two (2) business days of entry of the order granting a motion to continue, or in any event, not later than the next business day immediately preceding the date of the continued proceeding.

(f) Nonappearance by Requesting Party. If a party who has requested a hearing fails to appear at that hearing, the court may award any opposing party(ies) attorney fees incurred in appearing at the hearing.

(g) Affidavits/Declarations, Witnesses, and Expected Testimony at Hearings.

(1) Unless otherwise ordered by the court, to the extent not earlier served and filed, not later than seven (7) days before the hearing, each party who intends to present evidence at a hearing must comply with the requirements of Rule 26(a)(3), Federal Rules of Civil Procedure, and serve and file with the court: [A] all affidavits or declarations under penalty of perjury upon which the propounding party intends to rely; and [B] a list of all exhibits intended to be introduced into evidence. [C] Objections as provided in Rule 26(a)(3), Federal Rules of Civil Procedure must be served and filed not less than three (3) business days before the hearing.

(2) Service under this subsection must be made by personal delivery or by other means that ensures that the recipient thereof receives the materials on or before the due date.

(3) Unless otherwise agreed to by stipulation of the parties or order of the court, no affidavit or declaration under penalty of perjury will be admitted unless the affiant or declarant is made available for cross-examination at the hearing by the opposing party.