Local Rule Rule 9014-1: Contested Matters
Bankr. D. Me. — General rule
Rule 9014-1. Contested Matters
(a) General Provisions.
(1) Local Rule 9013-1 Governs Procedure. In any contested matter, motion practice shall be governed by Local Rule 9013-1.
(2) Service. The movant shall serve any motion in a contested matter in the manner provided by Fed. R. Bankr. P. 7004, except that no summons is required.
(3) Discovery Requirements. At the first hearing in a contested matter, the parties should be prepared to address the need for testimony, discovery and, if applicable, the issues and topics identified in Fed. R. Civ. P. 26(f)(3)(B)-(F). Discovery in a contested matter may not commence until authorized by order of the court.
(b) Pleading in Special Matters.
(1) Scope. This subsection applies to matters in which the following relief is sought:
(A) abandonment;
(B) avoidance of a lien; or
(C) a sale free and clear of lien.
(2) Content. Unless all parties consent to the requested relief, the following, as applicable, shall be stated:
(A) the identity and location of the property that is the subject of the motion;
(B) the market value of the property that is the subject of the motion;
(C) the extent of any claimed exemptions in the property that is the subject of the motion;
(D) the identity and address of the holder of each lien on the property that is the subject of the motion;
(E) the type, priority, face amount and the best available information as to the balance due and perfection of each lien on the property that is the subject of the motion; and
(F) the specific sections of the Code, and the specific procedural rules, germane to determination of the motion.