Local Rule 2081-1: Chapter 11 - Initial Motions
Bankr. D. Wyo. — General rule
Rule 2081-1 Chapter 11 - Initial Motions
(A) Initial Motions: Immediately after the entry for the order for relief in a chapter 11 bankruptcy case, the debtor may request consideration for entry of an order for initial motions by filing: (1) a motion for an expedited hearing; and, (2) a motion for the requested relief.
(1) Motion for expedited hearing. A motion for an expedited hearing shall be filed in compliance with LBR 9013-1(B)(3); with service as established below in section (B); and, service of the order as established below in section (C).
(2) Motion requesting relief. The motion shall state, with particularity, the grounds supporting the request and set forth the relief or order sought, pursuant to Fed. R. Bankr. P. 9013.
(a) Affidavit. The motion requesting relief must be verified or supported by factual affidavit(s) and executed by an individual having personal knowledge.
(b) Notice. A "Notice of Time to Object," as required under the Bankruptcy Code, Federal Rules of Bankruptcy Procedure or these local rules may be included with the motion if the Notice is identified in the title to the pleading.
(c) Proposed Order. The movant must file a proposed order, clearly stating the relief requested. A proposed order should not include the heading of counsel submitting the order, pursuant to LBR 9072-1(A).
[INTENTIONALLY LEFT BLANK]
(B) Service. Copies of the motions, affidavit(s), notice and proposed orders must be served by hand-delivery, over-night mail, facsimile or e-mail within 24 hours of filing, to:
(1) any appointed chapter 11 trustee or examiner; (2) any creditors' or equity security holders' committee that are subject to Fed. R. Bankr. P. 2019; (3) any official creditors' committee; (4) if no official creditors' committee is appointed, then the 20 largest unsecured creditors; (5) all secured creditors; (6) all priority creditors; (7) parties who have filed an entry of appearance or request for notices; (8) parties against whom relief is sought by the particular intended action; (9) the United States Trustee; and, (10) any additional parties as the court directs. Movant must file a certificate of service as stated below in section (C)(2).
(C) Hearing on motion for requested relief. The court shall consider the motion for expedited hearing and enter an order.
(1) Service. The movant must serve the order to the parties listed in section (B) above, by hand-delivery, over-night mail, facsimile or e-mail within 24 hours from the entry of the order.
(2) Certificate of Service. The movant must file a certificate of service within three (3) business days from the date of service, stating the name and address of the attorney or party served, the capacity in which the person was served, and the manner and date of service.