Local Rule 9013-2: MOTION PRACTICE – MATTERS SET WITH AN OPPORTUNITY FOR A HEARING

RULE 9013-2 MOTION PRACTICE – MATTERS SET WITH AN OPPORTUNITY FOR A HEARING

(a) Scope of Rule. This rule applies to motions in bankruptcy cases. The term "motion" means application, request, objection to claim, or other proceeding in the nature of a motion in which a party in interest seeks an order from or determination by the court. Motions for summary judgment are not governed by this rule, but are governed by Local Rule 7056-1. For purposes of this rule, the term "motion" does not refer to a summons, complaint, appeal, motion for summary judgment, or an ex parte motion.

(b) Applicability. Except as set forth herein, whenever the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure provide that an order may be entered or an action may be taken after "notice and a hearing," or a similar phrase, if the movant believes there will be no objections to the motion, the following procedure should be used. This rule does not apply: (1) whenever the court directs otherwise; (2) to any pleadings, motions, or notices in adversary proceedings under Part VII of the Federal Rules of Bankruptcy Procedure; (3) to hearings set under 11 U.S.C. § 1125; (4) to hearings on confirmation of a plan pursuant to chapter 9, 11 or 12; (5) applications for compensation that exceed $10,000.00; (6) as otherwise provided by these Local Rules or the Federal Rules of Bankruptcy Procedure.

(c) Motions. The movant must file the motion in compliance with Local Rule 5005-2 within any applicable time limitation, including the time limitations of these rules, unless the court orders otherwise.

(1) No Separate Supporting Memorandum for a Written Motion. The motion and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule. The document must include the following: (A) an initial separate section stating succinctly the precise relief sought and the specific grounds for the motion; and (B) one or more additional sections including a recitation of relevant facts, supporting authority, and argument, and a concise statement of each basis supporting the motion with citations to applicable and controlling legal authority.

(2) The moving party shall serve the motion on those entities specified in Fed. R. Bankr. P. 9013.

(3) Failure to Comply with Requirements for Motions. Failure to comply with the requirements of subsection (c)(1) may result in sanctions, including (a) returning the motion to counsel for resubmission in accordance with this rule, (b) denial of the motion, or (c) any other sanction deemed appropriate by the court.

(d) Notice of Motion and Notice of Opportunity for Hearing. The movant may reserve a time for, but not set, a hearing on the court's calendar. A Notice of Motion and Notice of Opportunity for Hearing shall be filed in original form only together with a certificate of service evidencing compliance with the applicable service requirements. A Notice of Motion and Notice of Opportunity for Hearing shall: (1) be in substantial conformity Local Form 9013-2 Notice of Motion and Opportunity for Hearing; (2) contain a specific statement of the relief requested or action intended in sufficient detail to meaningfully inform the parties of the relief requested or intended action or, if the motion is served with the notice, refer to the motion to describe the relief requested; (3) set the last date on which an interested party may file an objection to the motion. The identified date must be based on the time period fixed by the Federal Rules of Bankruptcy Procedure or by Local Rule 9006-1(b), as appropriate; (4) include a statement that the relief requested may be granted without a hearing unless an objection is timely filed; (5) include a statement that the objecting party must attend the hearing and that failure to attend the hearing will be deemed a waiver or the objection; (6) be served by the movant on the case trustee, debtor, debtor-in-possession, those entities specified in these rules or Federal Rules of Bankruptcy Procedure, and other parties as the court may direct;

(e) Objection. Any party opposing the motion must file an Objection before the deadline stated in the Notice of Motion and Notice of Opportunity for Hearing. The Objection shall be filed with the court in original form only, and a copy thereof shall be served upon counsel for the movant on or before the date set forth in the notice. Service may be by mail and shall be complete upon mailing. Objections for hearing shall clearly specify the grounds upon which they are based. General objections will not be considered. Failure of a party to timely file written opposition will be deemed a waiver of any opposition to granting of the motion.

(f) Court Action on Motions.

(1) Contested Matters. Motions for which an opposition has been filed shall be set for hearing on the date and the time and place set forth in the Notice of Motion and Notice of Opportunity for Hearing. No further notice of the date, time, and place of hearing is required to be given.

(2) Non-Contested Matters. The court may, but is not required to grant the relief requested in a motion without a hearing if there has been no opposition to the motion filed or served on the movant.

(3) Defective of Deficient Motions. The court may deny, sua sponte, any defective or deficient motion, or a motion, the notice of which is subject to the provisions of this rule and which notice does not comply with this rule. Any such denial shall be without prejudice.

(4) Court Set Hearing. The court may set for hearing, sua sponte, any motion.

(5) Non-Prosecuted Motions.

(A) If more than 28 days have passed since the expiration of the objection deadline of a motion, as specified in Local Rule 9013-2(d)(3), and if no action has been taken on the motion, the Court may require the motion to be re-noticed before the movant may take any further action on the motion.

(B) At the time the bankruptcy case is closed pursuant to 11 U.S.C. §§ 350, 707, 930, 1112, 1208 or 1307, all pending motions which have not been presented to the Court for disposition shall be deemed abandoned for want of prosecution. Any such denial shall be without prejudice.

(g) Applicable provisions of Local Rule 9013-1. Paragraphs (h) through (l) of Local Rule 9013-1 are also applicable to this rule.