Local Rule 2002-1A: Reduced (shortened) Notice.

Rule 2002-1A. Reduced (shortened) Notice.

(a) Motion. A motion to reduce a notice period required by the Code, the Federal Rules of Bankruptcy Procedure, these local rules, or an order, unless the reduction is otherwise proscribed by another Federal Rule of Bankruptcy Procedure, as set forth in Fed.R.Bankr.P. 9006(c)(2), shall be filed with the motion, application, plan, or other request for relief for which reduced notice is sought. The motion shall conform to Appendix 2H, shall specify the desired date (month, day, year) by which an objection or other response to the underlying motion, application, plan, or other request for relief must be filed with the Court and served, and shall state the cause for such relief. The movant shall serve the motion to reduce notice on parties in interest not electronically served.

(b) Order and notice. If a motion for reduced notice is granted, the order will set forth the last date for filing an objection that shall be included in the notice of the underlying motion, application, plan, or other request for relief. The notice shall also include the following sentence after the last date for filing an objection: "The notice period provided herein has been reduced pursuant to an order entered [insert date of the order reducing notice]." If the notice is for a confirmation hearing on a chapter 12 or a chapter 13 plan, the Clerk will prepare and file the notice. The movant shall prepare and file the notice regarding any other matter.

(c) Service. Upon entry of an order granting a motion to reduce notice, the movant shall serve the underlying motion, application, plan, or other request for relief and the notice on the parties and within the time directed by the Court in the order, and file a certificate of service.

REFERENCES: 11 U.S.C. § 342; Fed.Rs.Bankr.P. 2002, 9006(c), and 9007.

Practice Pointers: Certain notice periods cannot be reduced. See Fed.R.Bankr.P. 9006(c)(2).

This procedure does not apply to a motion for use of cash collateral or a motion for authority to obtain credit, which are separately governed by Fed.Rs.Bankr.P. 4001(b)(2) and (c)(2) and Bankr. D.S.D. Rs. 4001-2 and 4001-3. Rather than requesting reduced notice, the movant must request a preliminary hearing on those motions.

A party requesting reduced notice should not merely state it will "suffer irreparable harm" if the notice period is not reduced. Instead, the movant should set forth specific facts supporting reduced notice and the reasonably anticipated consequences to the movant or others if the notice period is not reduced.

Until the Court either grants or denies the motion for reduced notice, the movant should only file the underlying motion, application, plan, or other request for relief, the motion for reduced notice, and a certificate of service regarding the motion for reduced notice.

If the motion for reduced notice is granted, the movant will file a notice that includes the last date for filing objections specified in the order reducing notice and a reference to the order reducing notice and then serve the notice and the underlying motion, application, or other request for relief. The exception is if the notice is for a confirmation hearing on a chapter 12 or a chapter 13 plan. The clerk will prepare and file the confirmation hearing notice and then the movant will serve the notice and the underlying plan.

If the motion for reduced notice is denied, the Court's order will direct the movant to prepare, file, and serve a regular notice regarding the movant's underlying motion, application, or other request for relief. The exception is if the notice is for a confirmation hearing on a chapter 12 or a chapter 13 plan. The clerk will prepare and file the regular confirmation hearing notice and then the movant will serve the notice and the underlying plan.

The movant should anticipate serving any notice with a reduced notice period on the same day the motion for reduced notice is filed with the Court. Accordingly, the earlier in the day the motion for reduced notice is filed, the better.