Local Rule Rule 9013-5: SCHEDULING HEARINGS
Bankr. D.V.I. — General rule
Rule 9013-5 SCHEDULING HEARINGS A. Parties shall schedule matters filed by them by selecting a date on the Bankruptcy Court's calendar (available on the website) that permits sufficient notice as required by the LBR or Fed. R. Bankr. P. If a different date is required, counsel shall contact the Courtroom Deputy and explain the necessity to schedule the motion or other matter for a different time.
B. If the moving party does not receive a response to the motion, then the moving party shall file with the Clerk a Certificate of No Objection substantially in compliance with LBF 25. The certificate shall be filed not later than two (2) days after the objection deadline has expired. If the Court grants the relief by default, the hearing will be canceled.
C. If a disputed matter has been settled prior to the hearing, counsel for moving party shall file a Settlement and Certification of Counsel substantially in compliance with LBF 26, with a proposed consent order attached.
D. At the initial hearing on a motion, the Court may consider evidence and argument and dispose of the matter at such hearing, on briefs, or as the Court may determine. If there is a complicated issue of fact or law, a discovery schedule (if appropriate) and an evidentiary hearing may be fixed by the Court at the initial hearing. Matters which are settled after responses are filed may be heard prior to other matters scheduled for the same time upon request of the parties at the hearing.
E. If a filing is not in substantial compliance with the LBR, an order may be entered striking the pleading without prejudice.
F. A motion for relief from default orders is governed by Fed. R. Bankr. P. 9023 or 9024 as applicable.
G. A moving party who files a motion for relief from stay and selects a hearing date in accordance with the Judge's scheduling practice shall be deemed to have waived the thirty (30) day period specified in 11 U.S.C. § 362(e) when the hearing is scheduled for a date more than thirty (30) days after the date the motion is filed. If a hearing date is not available within the thirty (30) day period, a moving party who would be harmed by a delay of the hearing beyond the thirty (30) day period specified in 11 U.S.C. § 362(e) shall file a motion for expedited hearing.