Local Rule LBR 9013-1: Motions Procedure

LBR 9013-1 Motions Procedure For purposes of this LBR, "motion" refers to all requests for entry of an order by the court, whether a motion, an application or an objection to claim.

(a) Form of Motions/Objections/Responses/Replies.

(1) Case Caption. The case caption must include the debtor's name, the case number and the applicable chapter of the case involved.

(2) Judge's Initials. The initials of the judge assigned to the pending matter shall be separated by a hyphen immediately following the case or adversary number.

(b) Hearing Date. Movants are responsible for selecting a hearing date from the Website.

(c) Ex Parte Motions. The following motions are not required to be noticed for hearing and the court may consider them without delay (i.e., on an ex parte basis):

(1) Applications to waive the filing fee

(2) Applications to pay the filing fee in installments

(3) Requests for an examination pursuant to Bankruptcy Rule 2004

(4) Pro hac vice applications

(5) An assented-to motion to continue a hearing assented-to by all parties having filed an appearance in the matter

(6) An assented-to motion to extend the deadline to object to discharge or file a motion to dismiss

(7) In Chapter 7 and Chapter 13 cases, a motion to extend time to file schedules, a plan and any other documents required under 11 U.S.C. § 521 and Bankruptcy Rule 1007

(8) A motion seeking redaction of personal information

(9) A motion for a temporary waiver of credit counseling

(10) A motion to incur additional debt to acquire a vehicle using the applicable form LBF 4001-4A or LBF 4001-4B

(11) An application to employ an accountant provided the total fees paid for services rendered does not exceed $1,000

(12) An assented to motion for relief from the automatic stay filed in accordance with LBR 4001-1(c)(1)

All other motions must be noticed consistent with this LBR. If a party fails to properly notice a matter for hearing in accordance with these LBRs, after seven days the Clerk may, without further notice, strike the filing, terminate the matter without prejudice or take such other actions as the court deems appropriate.

(d) Service of Motions. Unless the Bankruptcy Rules or LBRs provide otherwise, the motion and notice of hearing must be served at least fourteen (14) days prior to the hearing date.

(e) Shortened Notice. To the extent a movant seeks to have a motion heard on shortened notice, such request should be made in the body of the motion, the title of the motion should include the requested relief (e.g., "Creditor's Motion to Dismiss on Shortened Notice") and movant must provide a cause for seeking relief on shortened notice. In the event that a motion requests that it be heard on shortened notice, the deadline for the filing of an objection is 24 hours prior to the hearing date.

(f) Motion Attachments. The following must be filed with every motion:

(1) Notice of Hearing. A notice of hearing in the form of LBF 7104-1 signed by the movant or counsel for the movant.

(2) Certificate of Service. A certificate of service in the form of LBF 7103-1 stating that the document was served on all parties in interest entitled to service. Every certificate of service must state:

(A) For each recipient who was served via CM/ECF, the date of filing and the name of the recipient; and

(B) For each recipient who was not served via CM/ECF, the date, manner of service, name and address of the recipient.

(3) Proposed Order. All motions, with the exception of motions for relief and motions to modify a chapter 13 plan, must include a proposed order that sets forth the relief to be entered by the court. The proposed order shall be entitled "Order," not "Proposed Order," and shall be in the form of the applicable LBF or LBF 9013-1. If movant is directed to submit a proposed order or judgment following a hearing or trial, the proposed order or judgment must be submitted within seven (7) days following the hearing or trial, or as the court otherwise directs.

(g) Objection Deadline.

(1) A party who objects to a motion and wants it called by the court must file a written objection no later than seven (7) days prior to the scheduled hearing date. If an objection is timely filed, the motion will be called by the court on the scheduled hearing date. If no objection is timely filed, the court may grant the motion without a hearing. In that case, the daily calendar on the Website will reflect that the motion "WILL BE GRANTED WITHOUT A HEARING IN ACCORDANCE WITH LBR 9013-1."

(h) Objections/Responses/Replies to Motion.

(1) Form. Any response or objection to a motion must state in narrative form the reasons, factual or legal, why the motion should be denied or overruled and must not be in the form of an answer to a complaint. The court may strike any response not filed in compliance with this rule.

(2) Reply. A party may file a reply to an objection or response at any time prior to the hearing date but is not required to do so.

(i) Withdrawal of Filing. A party seeking to withdraw a filing shall do so using the event "Notice of Withdrawal" in CM/ECF which will withdraw the filing and terminate any related hearing. No separate PDF of a Notice of Withdrawal is required to be filed. By using this event, movant certifies that it has notified any interested parties that the matter will be withdrawn.

(j) Exhibits. Any exhibits filed with a motion shall be attached as a single pdf document and must be clearly labeled (e.g., Exhibit A, Exhibit B, Exhibit C) and separated by a cover page or divider page identifying the exhibit.