Local Rule Rule 9013-1: First Day Motions
Bankr. E.D. Mich. — General rule
Rule 9013-1 First Day Motions
(a) Filing Requirements. The title of each First Day Motion and of each proposed order granting a First Day Motion must contain the words "First Day." When filing the motion through ECF, the debtor's counsel must select the prefix "First Day." The debtor's counsel must promptly notify the judge's courtroom deputy clerk that First Day Motions have been filed. The term "First Day Motion" must also be included on all exhibits, budgets, proposed orders, affidavits and all other papers that the debtor files in support of a First Day Motion.
(b) Service of Motion. A First Day Motion and all related papers must be served on the United States trustee, all secured creditors, the creditors included on the list filed under F.R.Bankr.P. 1007(d) and any adverse party relative to the relief requested in the First Day Motion. This service must be completed within 24 hours after the First Day Motion is filed even if the hearing on the First Day Motion has not yet been scheduled by the court. First Day Motions must also be served by: (1) transmission to a Registered Filer or User consistent with F.R.Bankr.P. 9036 and ECF Procedure 4(e); (2) hand delivery; (3) delivery by overnight delivery service; (4) facsimile transmission to the extent that facsimile number(s) are available; or (5) email to the extent that email addresses are available. The movant must promptly file a certificate of service.
(c) Scheduling a Hearing. The movant is not required to file a separate motion for an expedited hearing on a First Day Motion. The movant must submit a proposed order scheduling the First Day Motions for hearing, leaving blank the hearing date and time. As expeditiously as possible, the court will determine whether each motion qualifies as a First Day Motion and will enter an order scheduling a prompt hearing on those that do. The order may specify the means and deadline for service of the notice of hearing. The movant must serve the order scheduling the hearing on the parties and by the means identified in subpart (b) and file a certificate of service.