Local Rule 5010-1: Motions to Reopen Cases
Bankr. E.D. Cal. — General rule
LOCAL RULE 5010-1 Motions to Reopen Cases
(a) Ex Parte Motion Permitted. A motion to reopen a case may be made on an ex parte basis. Unless the Court orders otherwise, no hearing shall be set. An order granting the motion need not be lodged.
(b) Contents and Notice of Motion.
1) In General. A motion to reopen a case shall contain a statement of the grounds for reopening the case, and shall state whether, in the opinion of the moving party, the appointment of a trustee is necessary or advisable and the reasons why or why not, but shall not contain a request for any other relief.
2) Motion Filed by the Debtor. If filed by the debtor, the motion shall state: (1) whether the moving party intends to amend the schedules and statements; and (2) if so, the particular additions, deletions or other changes to be made. If filed by the debtor or debtors, notice of the motion shall be given to the United States Trustee, former trustee, and, if the debtor is represented in the reopened case by an attorney other than original counsel, to debtor's former counsel, prior to or concurrently with the filing of the motion.
3) Motion Filed by the United States Trustee in the Bankruptcy Case. If filed by the United States Trustee, the motion shall state the purpose or purposes for the motion. Notice of the motion shall be given to the former trustee, if any, the debtor or debtors, and the attorney, if any, for the debtor or debtors, prior to or concurrently with the filing of the motion.
4) Motion Filed by a Party in Interest, including the former trustee, other than the Debtor, or the United States Trustee. If filed by a Party in Interest, other than the debtor or debtors, the United States Trustee, or the former Trustee, if any, the motion shall state the purpose or purposes for the motion. Notice of the motion shall be given to the United States Trustee, the former trustee, if any, the debtor or debtors, and the attorney, if any, for the debtor or debtors, prior to or concurrently with the filing of the motion.
(c) Separate Motions/Adversary Proceedings. Requests for any relief other than reopening, including relief based upon the grounds for reopening the case, shall be made in separate motions or adversary proceedings, which may be filed concurrently with the motion to reopen.
(d) Closing of Reopened Case. If no motion or adversary proceeding is pending thirty (30) days after the case is reopened and if no trustee has been ordered appointed, the case may be closed by the Clerk without further notice.