Local Rule 9006-1: Time for Service and Filing of Motions and Objections

Rule 9006-1 Time for Service and Filing of Motions and Objections.

(a) Generally. Fed. R. Bankr. P. 9006 applies to all cases and proceedings.

(b) Discovery-Related Motions. All motion papers under Fed. R. Bankr. P. 7026-7037 and 9016 must be filed and served in accordance with Local Rule 7026-1.

(c) All Other Motions.

(i) Service of Motion Papers. Unless the Fed. R. Bankr. P. or these Local Rules state otherwise, all motion papers must be filed and served in accordance with Local Rule 2002-1(b) at least 14 days prior to the hearing date. Sale Procedures Motions filed pursuant to Local Rule 6004-1(c), and voting procedures motions filed pursuant to Local Rule 3017-1(b) must be filed at least 21 days prior to the hearing date.

(ii) Objection Deadlines. Where a motion is filed and served in accordance with Local Rule 9006-1(c)(i) less than 21 days prior to the hearing date, the deadline for objection(s) is 7 days before the hearing date. To the extent a motion is filed and served in accordance with Local Rule 2002-1(b) at least 21 days prior to the hearing date, however, the movant may establish any objection deadline that is no earlier than 14 days after the date of service and no later than 7 days before the hearing date. Any objection deadline may be extended by agreement of the movant; provided, however, that no objection deadline may extend beyond the deadline for filing the agenda. In all instances, any objection must be filed on or before the applicable objection deadline. The foregoing rule applies to responses/replies to (A) any Objection as defined in Local Rule 3007-1(a) (i.e., an objection to claims asserted by more than one claimant) and (B) any objection to a single claim or multiple claims filed by the same claimant.

(d) Reply Papers. Reply papers by the movant, or any party that has joined the movant, may be filed by 4:00 p.m. prevailing Eastern Time the day prior to the deadline for filing the agenda. If a motion for leave to file a late reply is filed, a motion to shorten notice is not required unless otherwise ordered by the Court. The Court will consider the motion for leave at the hearing on the underlying motion and any objection to the motion for leave may be presented at the hearing. The foregoing rule applies to replies to Omnibus Objections to Claims. See Local Rule 3007-1.

(e) Shortened Notice. No motion will be scheduled on less notice than required by these Local Rules or the Fed. R. Bankr. P. except by order of the Court, on written motion (served on all interested parties) specifying the exigencies justifying shortened notice. The motion requesting shortened notice must include an averment of Delaware counsel for the moving party that a reasonable effort has been made to notify at least counsel to the debtor, counsel to the U.S. Trustee, counsel to any official committee appointed in the case and any chapter 7, 11 or 13 trustee and whether such party objected to the relief sought, or not, or the basis for the moving party not making such an effort. Unless otherwise ordered, failure to so aver may result in denial of the motion to shorten. The motion requesting shortened notice and the related motion must be promptly delivered to the Court in accordance with the assigned Judge's chambers procedures. The Court will rule on such motion for shortened notice promptly without need for a hearing.