Local Rule Rule 9013-2: Fixed Hearing Dates in a Large Bankruptcy Case

Rule 9013-2 Fixed Hearing Dates in a Large Bankruptcy Case

(a) Motion to Establish Fixed Hearing Dates. Upon motion of the debtor, the court may enter an order establishing fixed dates and times as the scheduled hearing date and time for consideration of all motions and contested matters in a Large Bankruptcy Case.

(b) Procedure for Fixed Hearing Dates. If the court establishes fixed dates, the following procedures will apply unless the court orders otherwise: (1) any notice of an opportunity to object must conspicuously contain above the title of the notice the date and time that the hearing will be held in the event that an objection is filed in accordance with applicable rules; (2) any motion or contested matter filed and properly served in accordance with applicable rules and as to which the applicable response time will elapse at least three Business Days before a fixed hearing date, may be set for hearing on such a fixed date; (3) if the requisite time period set forth in Local Rule 9014-1(b)(1) has passed, the movant may file a certificate of no response and then must submit a proposed order and promptly notify the court that a hearing on the motion is unnecessary; (4) debtor's counsel must file and serve on all affected parties at least seven days before the hearing a list of all matters scheduled to be considered by the court and file a certificate of service. The list must set forth all motions and responses and whether the matter is resolved, disputed or adjourned; (5) if a party intends to present a proposed order at the hearing different from the proposed order attached to the motion, debtor's counsel must state on the list filed in accordance with subpart (b)(4) above that a different proposed order will be presented for entry; (6) debtor's counsel together with any affected party or parties may, without leave of the court, unless the court orders otherwise, adjourn any matter to a subsequent fixed hearing date. If a matter is adjourned, debtor's counsel must immediately update the list filed in accordance with subpart (b)(4) above; and (7) upon request, the court may allow counsel to participate in any hearing by telephone.

(c) Other Hearing Dates. The establishment of fixed dates for hearings does not preclude any party in interest from requesting and obtaining a different date for a hearing on a particular matter.