Local Rule RULE 2081-3: CHAPTER 11 – REQUESTS FOR FIRST DAY RELIEF

RULE 2081-3. CHAPTER 11 – REQUESTS FOR FIRST DAY RELIEF

(a) Definition. A motion or application in which the debtor in possession requests a hearing or the entry of an order on an expedited basis after the entry of the order for relief will be considered a "First Day Matter" and will be governed by this rule.

(b) Scope of First Day Matters. A First Day Matter shall be confined to matters of a nature required to preserve the assets of the estate, to maintain ongoing business operations, establish procedures and such other matters as the Court finds appropriate.

(c) Notice to the U.S. Trustee. When circumstances permit, counsel for the debtor must contact the U.S. Trustee at least 48 hours prior to filing the petition to advise the U.S. Trustee of the matters on which the debtor intends to seek first day relief and to permit the U.S. Trustee to have input on scheduling the First Day Matter hearing.

(d) Scheduling a Hearing on First Day Matters. Counsel for a debtor must contact the judges' chambers to schedule a hearing on First Day Matters.

(e) Notice of Entry of First Day Orders. Within 2 business days following entry of an order regarding a First Day Matter, the debtor in possession must serve a copy of the order on the parties on an approved service list, if any, or on the creditors described in FRBP 1007(d), all secured creditors, the U.S. Trustee and any other entity that the Court directs.

(f) Reconsideration of a First Day Order. To the extent requested and allowed by the Court's schedule, a motion for reconsideration of an order regarding a First Day Matter will be given expedited consideration.