Local Rule 9013-4: HEARINGS – NOTICES UNDER DEFAULT PROCEDURE

RULE 9013-4. HEARINGS – NOTICES UNDER DEFAULT PROCEDURE.

(a) Meaning of Default Procedure. Certain requests for relief under the Code or the Bankruptcy Rules may be determined without a hearing (at the option of the movant), provided parties entitled to notice of the motion are afforded an opportunity for a hearing. Under the default procedure, if a party files a timely response to the motion, the Court will hold a hearing on the date designated on the notice, unless the Court decides in its discretion, that no hearing is necessary and enters an order prior to the hearing date. If no response is timely filed, the Court may enter an order without a hearing. However, if an order has not been entered before the hearing date, the scheduled hearing will proceed, and the movant must appear. If the Court determines a hearing is necessary, it will hold a hearing even in the absence of a response to the motion. The default procedure is optional.

(b) Relief Available Through Use of the Default Procedure. The default procedure may only be used for applications or motions seeking the following relief:

(1) abandon property (11 U.S.C § 554(b));

(2) allow administrative expenses (other than professional fees) (11 U.S.C.§ 503(b));

(3) automatic stay, relief from (11 U.S.C.§ 362(d));

(4) automatic stay, relief from co-debtor (11 U.S.C. § 1301);

(5) automatic stay, declaration not in effect (11 U.S.C.§ 362(c)(4));

(6) claim, objection to (11 U.S.C.§ 502(b));

(7) compensation (11 U.S.C. §§ 326, 330, 331);

(8) convert a case (11 U.S.C.§§ 706, 1112(b), 1208(a), 1307);

(9) credit counseling requirement, permanent waiver of (11 U.S.C.§ 109(h)(4));

(10) declare mediation closed, motion to (Local Rule 4001-7(f));

(11) discharge in a chapter 12 case (11 U.S.C.§ 1228(f));

(12) discharge in a chapter 13 case (11 U.S.C. § 1328(h));

(13) dismiss case for cause (11 U.S.C.§§ 707, 1112(b), 1208(c), 1307(c));

(14) enlarge time to assume or reject a nonresidential lease (11 U.S.C.§ 365(d)(4));

(15) enlarge time to file chapter 11 plan or disclosure statement (11 U.S.C.§§ 1121(d), 1189);

(16) enlarge time to file chapter 12 plan (11 U.S.C.§ 1221);

(17) enlarge time to file complaint objecting to discharge or dischargeability of a debt (11U.S.C. §§ 523, 727; Bankruptcy Rule 4004(b), 4007(c));

(18) enlarge time to file motion to dismiss under §707 (11 U.S.C. § 707);

(19) enlarge time to pay filing fee (Bankruptcy Rule 1006(b));

(20) examine any person or entity (Bankruptcy Rule 2004);

(21) exemption, objection to (Bankruptcy Rule 4003(b));

(22) final decree in chapter 11 case (Bankruptcy Rule 3022);

(23) forward mail of a corporate debtor to the trustee (11 U.S.C. § 542(e));

(24) hardship discharge (11 U.S.C.§§ 1228(b), 1328(b));

(25) lease property (11 U.S.C.§ 363(b)(1));

(26) lease or executory contract, assume or reject (11 U.S.C.§ 365);

(27) lien or mortgage, strip as wholly unsecured or avoid as impairing exemption (11 U.S.C.§§ 506(a), 522(f));

(28) limit scope of employment and reduce scope of legal services (Local Rule 2016-1(h)(4));

(29) mortgage mediation, direct parties to attend (Local Rule 4001-7);

(30) modify chapter 11 subchapter V, 12, or 13 plan post-confirmation (11 U.S.C.§§ 1193, 1229, 1329);

(31) modify mortgage (Local Rule 6004-1(f));

(32) obtain credit (11 U.S.C.§ 364(b), (c), and (d));

(33) post-petition payment of mortgage creditor charges in conduit mortgage payment case (Local Rule 3015-6(a)(1));

(34) redeem property (11 U.S.C.§ 722);

(35) reopen a case (Bankruptcy Rule 5010);

(36) sell property (11 U.S.C. §§ 363(b)(1) and (f), 1206);

(37) settlement of an adversary proceeding or contested matter, approve (Bankruptcy Rule 9019);

(38) substitute counsel (Local Rule 2091-1(b) and (c));

(39) tax returns, waive requirement to present or file (11 U.S.C.§ 521(e)(2)(A)(i));

(40) transfer adversary proceeding (28 U.S.C. § 1412);

(41) trustee final report and account, approve report and compensation (11 U.S.C.§§ 704(a)(9), § 1183(b)(1), 1202(b)(1), 1302(b)(1));

(42) turnover of property to the trustee (11 U.S.C.§ 542);

(43) vacate discharge to allow debtor to seek approval of a reaffirmation agreement (Local Rule 4008-1);

(44) valuation of collateral and allowance of secured claim (11 U.S.C.§ 506(b); Bankruptcy Rule 3012);

(45) venue, change (28 U.S.C. §1412);

(46) waive requirement to make conduit mortgage payments (Local Rule 3015-6(a)(9), (b)(2)); and

(47) declare debtor current (Local Rule 3002.1-3(c)).

(c) Form of Hearing Notice. The following must be included in each notice of motion filed under the default procedure:

(1) Title of Notice. The title of the notice must be "Notice of Motion under Default Procedure."

(2) Response Deadline. The deadline for filing responses to a motion scheduled for a hearing using the default procedure may be no later than seven days before the hearing date; this 7-day period is in addition to the requisite notice period.

(3) Mandatory Language. A notice of motion using the default procedure must substantially comply with Local Form U-2.