Local Rule 9013-1: Motions and Applications

Rule 9013-1 Motions and Applications.

(a) Scope. This Local Rule applies to any motion or application filed in a main bankruptcy case. Any motion or application filed in an adversary proceeding shall be governed by Local Rule 7007-1. References in subparts (b) through (m) of this Local Rule to "motions" should be construed as applying to "applications" to the extent context so requires.

(b) Requests for Relief. No request for relief (not otherwise governed by Fed. R. Bankr. P. 7001) may be made to the Court, except by written motion, by oral motion in open court or by certification of Delaware counsel. Letters from counsel or parties will not be considered, unless as otherwise directed by the applicable Judge.

(c) Cases with Omnibus Hearing Dates. In any case in which future omnibus hearing dates have been scheduled pursuant to Local Rule 2002-1(a), all motions and applications and related papers will be heard only on such dates, unless otherwise ordered by the Court. In any case in which no omnibus hearing dates have been scheduled, a hearing date may be obtained by contacting the Court.

(d) Evidentiary Hearing. All hearings on a contested matter will be an evidentiary hearing at which witnesses will be required to testify in person in Court with respect to any factual issue in dispute unless these Rules, the parties or the Court provides otherwise.

(e) Contents of Notice. Unless otherwise provided in these Rules or otherwise ordered by the Court, any notice of motion must, in substantial conformity with Local Form 106, provide:

(i) The title of the motion in bold print;

(ii) The date and time of the hearing on the motion;

(iii) The date and time by which objections to the motion must be filed;

(iv) The names, addresses, and email addresses of the parties on whom any objection must be served; and

(v) A statement that the motion may be granted and an order entered without a hearing unless a timely objection is made.

(f) Form of Motion. All motions must have attached thereto a notice conforming to Local Rule 9013-1(e), a proposed form of order specifying the exact relief to be granted, and a certificate of service showing the date of service, means of service and the names and addresses of the parties served. All motions must be titled in the form "[Motion/Application] of [Movant's Name] for [Relief Requested]". All motions filed pursuant to this Rule must contain a statement that the movant does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. If no such statement is included, the movant will have waived the right to contest the authority of the Court to enter final orders or judgments.

(g) Service of Motion and Notice. All motions must be served in accordance with Local Rule 2002-1(b).

(h) Objections. Except for motions presented on an expedited basis, any objection to a motion must be made in writing. The title of the objection must conform to Local Rule 9004-1 and must include the objector's name, the motion to which the objection relates and the docket number of the motion. The hearing date and time and the docket number of the related motion must be set forth in bold print in the caption below the case number. All objections or other responses to a motion filed pursuant to this Rule must contain a statement that the filing party does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. If no such statement is included, the filing party must have waived the right to contest the authority of the Court to enter final orders or judgments.

(i) Certificate of No Objection. Delaware counsel for the movant may file a certificate of no objection (the "Certificate of No Objection" or "CNO"), substantially in the form of Local Form 107, stating that no objection has been filed or served on the movant 24 hours after the objection date has passed, counting time in accordance with Fed. R. Bankr. P. 9006(a)(2), with no objection having been filed or served. By filing the CNO, Delaware counsel for the movant represents to the Court that the movant is unaware of any objection to the motion or application and that counsel has reviewed the Court's docket and no objection appears thereon. A CNO and any related documents may be delivered immediately upon filing to the presiding Judge in accordance with chambers procedures. Upon receipt of the CNO, the Court may enter the order accompanying the motion or application without further notice or hearing and, once the order is entered, the hearing scheduled on the matter may be cancelled without further notice. In any cases in which a Notice of Agenda is required under Local Rule 9029-3 and the order is not yet entered at the time of the agenda's filing, Delaware counsel for the debtor or foreign representative or trustee, as applicable, must submit to the Court the CNO and all related documents in a "CNO/CoC Binder" in accordance with Local Rule 9029-3.

(j) Proposed Orders. When a proposed order is submitted to the Court for signature either under a CNO, a CoC, or otherwise, it shall (i) reference the related motion's docket number in the caption; (ii) be paginated (and treated as if a separate document, i.e., starting with page 1, not a continuation of any CNO, COC or Motion, etc.); (iii) not contain a "stand-alone" signature page (including date); and (iv) be uploaded to CM/ECF in accordance with the Court's instructions for "Uploading A Proposed Order for Signature".

(k) Amendment of Order. Any request for amendment of an order entered by the Court must have attached the proposed amended order and a blacklined copy reflecting the changes. Additionally, any request for amendment of an order entered by the Court must be made only as follows:

(i) If the amendment is non-material, by certification of Delaware counsel that the amendment is not material and that all parties in interest have consented to the amendment;

(ii) By motion under this Local Rule; or

(iii) By the filing of a stipulation to amend, signed by all interested parties.

(l) Service of Order or Judgment. Service of an order or judgment must be made in accordance with Local Rule 9022-1.

(m) Motions Filed with the Petition in Chapter 11 Cases or Chapter 15 Cases.

(i) Definition. This Local Rule shall govern any motion for which the debtor (or in a chapter 15 case, the foreign representative) requests, with less than 7 days' notice, a hearing or the entry of an order (whether interim or final) with such hearing to occur or such order to be entered within 21 days after the filing of the petition commencing such case.

(ii) Scope of Relief Requested. Requests for relief under this subpart of Local Rule 9013-1 must be confined to matters of a genuinely emergent nature required to preserve the estate's assets and to maintain ongoing business operations and such other matters as the Court may determine appropriate. No motion seeking authority to pay prepetition obligations will be considered unless the motion and proposed order include the maximum amount sought to satisfy the prepetition obligations.

(iii) Notice to the U.S. Trustee, Clerk and Certain Other Parties. Once a petition is filed and a Judge assigned, counsel for the debtor or foreign representative must deliver all applications and motions filed and sought to be heard on an emergent basis to the Judge in accordance with Local Rule 9029-3 and chambers procedures. The presiding Judge will contact counsel for the debtor, foreign representative, subchapter V trustee, and the United States Trustee to schedule a hearing on those applications and motions ("First Day Hearing"). The debtor or foreign representative must serve (a) all motions and applications that the debtor, foreign representative, or subchapter V trustee asks be heard at the First Day Hearing (in substantially final form) upon the U.S. Trustee and (b) the agenda as required by Local Rule 9029-3 upon the subchapter V trustee, the United States Trustee, the creditors included on any list filed under Fed. R. Bankr. P. 1007(d) and any party directly affected by the relief sought in such applications and motions, at least 24 hours in advance of the First Day Hearing, unless otherwise ordered by the Court, and must file a certificate of service to that effect within 48 hours. A courtesy copy of the agenda must also be delivered to the presiding Judge in accordance with chambers procedures. Do not provide drafts of any petition or first day motion to the Clerk's Office or the Court. The filed first day motions should be provided to chambers in the format (hard copy or electronic copy) requested by the presiding Judge.

(iv) Notice of Entry of Orders. Within 48 hours of the entry of an order entered under this Local Rule ("First Day Order"), the debtor or foreign representative must serve copies of all motions and applications filed with the Court as to which a First Day Order has been entered, as well as all First Day Orders, on those parties referred to in Local Rule 9013-1(m)(iii), and such other entities as the Court may direct.

(v) Reconsideration of Orders. Any party in interest may file a motion to reconsider any First Day Order, other than any order entered under 11 U.S.C. §§ 363 and 364 with respect to the use of cash collateral and/or approval of postpetition financing, within 28 days of the entry of such order, unless otherwise ordered by the Court. Any such motion for reconsideration will be given expedited consideration by the Court. The burden of proof with respect to the appropriateness of the order subject to the motion for reconsideration remains with the debtor or foreign representative notwithstanding the entry of such order.