Local Rule RULE 1017-1: MOTIONS FOR CONVERSION OR DISMISSAL IN CHAPTER 11; SUBMISSION OF MOTIONS AND OPPOSITIONS TO MOTIONS; HEARING

RULE 1017-1. MOTIONS FOR CONVERSION OR DISMISSAL IN CHAPTER 11; SUBMISSION OF MOTIONS AND OPPOSITIONS TO MOTIONS; HEARING

(a) (a) Prior to filing any motion to dismiss or convert a chapter 11 case (other than a motion filed by the United States trustee, chapter 11 trustee, or the debtor), counsel-inpossession), the attorney for the prospective movant (if anymoving party (or the prospective moving party, if pro se) shall have a conference, by telephone or in person, with counsel for the debtor-in-possessionpossession's attorney or counselthe attorney for the chapter 11 trustee (, if one is appointed),any, in a good faith effort to resolve the movant'smoving party's asserted grounds for dismissal or conversion, and to eliminate as many areas of dispute as possible without the necessity of filing a motion. Unless relieved by order of the Court, such conference shall take place within fourteen (14) days of the prospective movant'smoving party's service of a letterwritten communication requesting the conference. Failure of counsel for the debtor in possession or counsel for the chapter 11 trustee to respond to a request for a conference under this Rule shall be grounds for sanctions, which may include substantive and/or monetary sanctions. Any motion filed under this Rule shall contain, or be accompanied by, a statement signed under the penalty of perjury that the movantmoving party has complied with the provisions of this section, specifying the time, date, and manner of any conference held prior to filing the motion, and certifying that only the issues left unresolved by such conference are included in the motion..

(b) (b) A party in interest (other than the debtor or the United States trustee), who seeks dismissal or conversion of a case under chapter 11 pursuant to 11 U.S.C. § 1112(b)), shall file, in accordance with Fed. R. Bankr. P. 9014, a motion and a proposed order, which motion shall include a concise statement of material undisputed facts pursuant to subsection (c) below. The motion shall include a statement whether the movant does or does not consent to the appointment of a chapter 11 trustee or examiner in lieu of the requested relief in. Such facts shall be supported by references to documents, deposition transcripts (if available), and affidavits, which documentary support shall be filed as exhibits to the motion.

(c) In the movant's statement of undisputed material facts, the movant shall set forth specific undisputed facts that support the movant's allegations of "cause" for the dismissal or conversion set forth in the motion. Such facts shall be supported by references to documents, deposition transcripts (if available) and affidavits, which documentary support shall be filed as exhibits to the motion.

(c) (d) Unless otherwise ordered by the Court, a party opposing a motion for dismissal or conversion of a case under chapter 11 must file an opposition to the motion within fourteen (14) days, inclusive of the three (3) day mailing period provided in Fed. R. Bankr. P. 9006(f), after service of the motion. The opponentopposing party shall include a concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried, supported by references to documents, deposition transcripts (if available)), and affidavits, which documentary support shall be filed as exhibits to the statement of disputed material facts. In the opposition, the opponentopposing party shall also: (i1) set forth facts, supported by references to documents, deposition transcripts (if available)), and affidavits, which documentary support shall be filed as exhibits to the opposition, that support the opponent'sopposing party's contentions required under 11 U.S.C. §§ § 1112(b)(; (2)(A) and (B); (ii) state why the relief requested in the motion is not in the best interests of creditors and the estate; (iii3) state the basis of any assertion that there is a reasonable likelihood that a plan will be confirmed within the time frames set forth in 11 U.S.C. §§ 1121(e) and/or 1129(e),provided by the Bankruptcy Code, where applicable, or within a reasonable time; (iv4) state the justification for the act or omission that constitutes the grounds for the relief requested in the motion, and the proposal to cure any such act or omission that serves as grounds for the motion; and (v5) state whether the opposing party does or does not consent to the appointment of a chapter 11 trustee or an examiner in lieu of the relief requested in the motion.

(e) Responsive pleadings not filed with the motion or in opposition to the motion, whether in the form of a reply memorandum or otherwise, may be submitted only by leave of the Court.

(f) In the absence of a timely filed opposition that complies with subsection (d) of this Rule, and upon evidence of proper service of the motion, the Court, without a hearing and acting within the time limits proscribed by 11 U.S.C. § 1112(b)(3), may allow or deny the motion after the expiration of the fourteen (14) day opposition period. The Court may deny a motion for dismissal or conversion if the moving party is required to, but fails to comply with subsections (a), (b) or (c) of this Rule, and may grant a motion for dismissal or conversion if the opposing party fails to comply with subsection (d) of this Rule. Material facts of record set forth in the statement of the movant will be deemed, for the purposes of the motion, to be admitted by an opposing party unless controverted by the statement of disputed facts set forth in the opposing party's opposition.

(d) (g) Except for any notice of hearing on a motion to dismiss or convert a chapter 11 case, All documents filed pursuant to this Rule shall be served, in accordance with Fed. R. Bankr. P. 2002(i), 2002(k), and 9006(d) - (f), and MEFR, Rule 91applicable Local Rules, upon the debtor-in-possession, any committee appointed pursuant to 11 U.S.C. § 1102 or its authorized agent (or, if no committee has been appointed, the twenty (20) largest unsecured creditors of the debtor included on the list of creditors filed pursuant tounder Fed. R. Bankr. P. 1007(d), the United States trustee, all attorneys and parties who have filed appearancesan appearance and requested service of all notices and pleadings, and on any other party that the Court may designate. The movantmoving party shall serve any notice of hearing on the motion, in accordance with Fed. on the forgoing parties and R. Bankr. P. 2002(a)(4), 2002(i), and 2002(k), and MEFR, Rule 92, on all creditors, the debtor, any committee appointed pursuant to 11 U.S.C. § 1102 or its authorized agent, the United States trustee, and all parties who have filed appearances and requested service of all notices and pleadings. .

(h) Upon the filing of a motion to dismiss or convert a chapter 11 case, the Clerk shall assign a hearing date. Such hearing shall be a nonevidentiary, preliminary hearing, at which the Court will consider whether there are disputed facts that require an additional, final evidentiary hearing.

(i) The time periods set forth in this Rule for hearings may be: (A) reduced, for good cause shown, by order of the Court; or (B) enlarged to extend to a specified date, either on consent of the movant and opposing parties, or by order of the Court in accordance with 11 U.S.C. § 1112(b)(3). The Court, for good cause shown, may also enter an order excusing compliance with any or all of the procedures and/or time periods set forth in subsections (a) - (d) of this Rule.