Local Rule 2002-1: Notices: General and Particular.

Rule 2002-1. Notices: General and Particular.

(a) General notice. A notice of a motion, application, or other request for relief, including a notice of an objection to claimed exempt property (but excluding a notice of an objection to the allowance of a claim, a notice of a confirmation hearing in a chapter 12 or chapter 13 case, a notice of an application for fees, and a notice of a motion to approve a sale of estate property) shall conform to Appendix 2A; shall include the last date (month, day, year), as determined by paragraph (f) below, by which an objection or other response must be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b); and shall state a hearing will be set by separate order if an objection is timely filed with the Court.

(b) Notice of an objection to the allowance of a claim. A notice of an objection to the allowance of a claim shall conform to Appendix 2B and shall include a last date (month, day, year) by which a response must be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b) that is 30 days after service of the objection.

(c) Notice of a chapter 12 or a chapter 13 confirmation hearing. A notice of a confirmation hearing in a chapter 12 case or in a chapter 13 case will be prepared and filed by the Clerk, shall conform to Appendix 2D, and shall include:

(1) a last date (month, day, year) by which an objection or other response must be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b) that is 21 days after service of the plan but not fewer than seven days after the first date set for the meeting of creditors under 11 U.S.C. § 341(a) and Fed.R.Bankr.P. 2003(a) or fewer than seven days before the date of the confirmation hearing;

(2) the date and time of the telephonic confirmation hearing as provided by the Scheduling Deputy Clerk; and

(3) if requested by the case trustee, the date, time, and place of any pre-confirmation meeting.

(d) Notice of a motion to sell property of the estate. A notice of a motion to sell property of the estate shall conform to Fed.R.Bankr.P. 2002(c)(1) and Appendix 2F, and shall include:

(1) a last date (month, day, year) by which an objection or other response must be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b) that is 21 days after service of the motion;

(2) a description of the property to be sold, including a legal description for any real property to be sold and the make, model, year of manufacturing, and an identification number for any vehicle, motorcycle, or boat to be sold; and

(3) a summary of the terms of the proposed sale.

(e) Notice of an application for fees in excess of $1,000.00. A notice of an application for fees in excess of $1,000.00 shall conform to Fed.R.Bankr.P. 2002(c)(2) and Appendix 2G, and shall include:

(1) a last date (month, day, year) by which an objection or other response must be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b) that is 21 days after service of the application; and

(2) the identity of the applicant and the amounts sought for compensation for services, applicable sales tax, and reimbursement of expenses.

(f) Determining the last date to file an objection or other response included in a notice.

(1) The last date for filing and serving an objection or other response set forth in a notice shall be the date on which the required notice period prescribed by the Code, applicable Federal Rule of Bankruptcy Procedure, local rule, or order expires, plus an additional three days as provided by Fed.R.Bankr.P. 9006(f) if any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to]. The last date shall also not be fewer than three days prior to any scheduled hearing, unless the Court for cause directs otherwise. If the last date falls on a Saturday, Sunday, or federal holiday, then the next day that is not a Saturday, Sunday, or federal holiday shall be used in the notice as the last date for filing and serving an objection or other response.

(2) If notice of a particular motion, application, or other request for relief is required by the Code or Federal Rules of Bankruptcy Procedure but the length of notice is not prescribed by the Code or Federal Rules of Bankruptcy Procedure, a local rule, or an order, the notice given shall be reasonable under the circumstances. Absent exigent circumstances, seven days notice is presumed reasonable.

REFERENCES: 11 U.S.C. §§ 342, 1128, 1224, and 1324; Fed.Rs.Bankr.P. 2002, 3020(b), and 9013.

Practice Pointers: A list of common motions and applications and the required notice period for each is maintained on the Court's website at www.sdb.uscourts.gov under Practice Pointers and then Notice and Service Requirements.

Provided below is a sample calculation for determining a last date for objections under paragraph (f)(1):

A creditor's attorney prepares a motion to dismiss a chapter 12 case and a notice, which he or she intends to file and serve by mail on September 14, 2022. A hearing on the motion does not yet need to be set. Under Fed.R.Bankr.P. 2002(a)(4), the creditor's attorney must give 21 days notice of that motion. Under Fed.R.Bankr.P. 9006(f), the creditor's attorney must also give an additional three days notice because the notice is being served both by mail and electronically. The minimum notice period, therefore, is a total of 24 days. The attorney counts the notice period beginning the day after the motion is to be served, September 15, 2022. The twenty-fourth day falls on Saturday, October 8, 2022. The next day that is not a Saturday, Sunday, or federal holiday is Tuesday, October 11, 2022. Under this local rule, the last date for filing and serving an objection set forth in this notice would therefore be October 11, 2022.