Local Rule L.R. 9061: Negative Notice Procedures.

L.R. 9061 - Negative Notice Procedures. A. Negative Notice. Certain motions or pleadings may be considered by the Court without setting a hearing date if appropriate notice and opportunity to object to the requested relief are provided to necessary parties ("Negative Notice"). If a party sets a motion for hearing that may have otherwise been set on Negative Notice, any response must be filed no later than seven (7) days before the date of hearing pursuant to L.R. 9013-1(B). Negative Notice may be used for the following types of motions or pleadings: 1. applications for final decree; 2. motions to compel abandonment of property; 3. motions to avoid liens on exempt property; 4. motions to approve the Trustee's final report; 5. motions to dismiss a Chapter 7, 12 or 13 case; 6. motions to convert a case, but not from a Chapter 12 or 13 case; 7. fee applications, except in Chapter 11 cases; 8. objections to claims in Chapter 13 cases; 9. motions to retain automobile insurance proceeds in Chapter 13 cases; 10. motions for continuation of utility service/adequate assurance of payment under 11 U.S.C. §366; and 11. in Chapter 13 cases, in addition to applicable items included above, the following motions: a. motions to retain a tax refund; b. motions to incur debt; c. motions to sell or refinance property; and d. motions requesting a suspension of plan payments pursuant to L.R. 3015-6. 12. Other matters may be set on Negative Notice as authorized by the Court.

B. Response to Matters set on Negative Notice. Unless another time period is specified by the Federal Rules of Bankruptcy Procedure, the Bankruptcy Code, these Rules, or a Court notice or order, any party served with a motion or pleading to be heard on Negative Notice will have twenty-one (21) days after service to file a response to the motion or pleading. The response time for objections to claims in Chapter 13 cases and motions for continuation of utility service/adequate assurance of payment under 11 U.S.C. §366 will be thirty (30) days. The negative notice period to file a response to a motion to incur debt relating to an automobile in a Chapter 13 case or a motion to retain automobile insurance proceeds in a Chapter 13 case is fourteen (14) days after service. The respondent must serve the response at the time the response is filed on the movant or applicant and on all entities described in L.R. 9013-1(A).

C. Format for Negative Notice. Any motion, application, or pleading set on Negative Notice must include a warning substantially in the form of the following, using bold print and capitalized text, and appearing immediately below the title of the pleading: THIS _________ SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE BY _____________________. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING, THE DATE OF WHICH WILL BE SENT TO YOU IF YOU FILE A RESPONSE. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEYS.

D. Notice of Hearing when a Response is Filed. If a response is filed, the movant, applicant, claimant, or claim objector must schedule the matter for hearing by contacting the Courtroom Deputy for the assigned judge or by consulting the Court's web site. Such party must file and serve a notice of hearing on the respondent and all entities described in L.R. 9013-1(A). The notice of hearing must provide the amount of notice specified below. Nothing precludes any party or the Court from setting a matter for hearing if a response is filed. 1. Fourteen (14) days notice of hearing required for: a. motions to compel abandonment of property; b. motions to avoid liens on exempt property; c. motions for continuation of utility service/adequate assurance of payment under 11 U.S.C. §366; d. motions to incur debt (automobile debt only); and e. motions to dismiss (except as noted below). 2. Twenty-one (21) days notice of hearing required for: a. applications for final decree; b. motions to convert case, but not from a Chapter 12 or 13 case; c. motions to dismiss a Chapter 7 or 12 case; d. fee applications, except in Chapter 11 cases; and e. in Chapter 13 cases: i. motions to retain a tax refund; ii. motions to incur debt; iii. motions to sell or refinance property; and iv. objections to claims. 3. Thirty days (30) notice of hearing required for: a. motions to approve the Trustee's final report.

E. Format for Notice of Hearing The notice of hearing must: 1. identify the motion or pleading to which it relates; 2. state the hearing date, time, and place in the caption; 3. contain or be accompanied by a certificate of service conforming to L.R. 9004(D); and 4. state, in bold print, substantially the following: PLEASE TAKE NOTICE THAT THE _____ FILED BY _____ ON _____ HAS BEEN SET FOR HEARING AT THE DATE, TIME, AND LOCATION SET FORTH ABOVE. IF YOU OPPOSE THE _____ AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE _____ AT THE HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEYS.

F. Certification of No Response / Certification of Resolution. If no response is filed, or if any response has been resolved prior to hearing, the movant must file with the Court a "Certification of No Response / Certification of Resolution" along with a proposed order. The Certification of No Response or Resolution must be part of the proposed order and must be filed no later than 7 days after the response deadline. If a response has been filed and the matter is thereafter resolved, the Certification of No Response or Resolution may be filed at any time prior to hearing. The Certification of No Response or Resolution must state substantially the following: The undersigned certifies that all entities entitled to notice of [Name of Movant]'s [Title of Motion or Pleading] in accordance with the Local Bankruptcy Rules have been served with the foregoing motion/pleading/objection and the time for response has passed. No responses in opposition have been filed or any responses in opposition have been resolved. Movant requests the Court enter the proposed order.