Local Rule 2002-1: NOTICES OF PRESENTMENT

Rule 2002-1 NOTICES OF PRESENTMENT

(a) Contents of Notice of Presentment.

Whenever "notice and a hearing" (as defined in Bankruptcy Code § 102(1)) are specified in the Bankruptcy Code or Bankruptcy Rules but a hearing is not mandatory, the entity seeking an order, in lieu of proceeding by notice of hearing, may proceed by filing a motion or application with the Clerk, together with proof of service and a notice of presentment. The notice of presentment shall set forth:

(i) the date and time by which objections or responses to the proposed order shall be received by the proponent and filed;

(ii) the date and time when the proposed order will be presented for signature if there is no objection, and a statement that unless a timely objection is made the order may be entered without a hearing; and

(iii) the date on which a hearing will be held if a timely objection is made.

(b) Proposed Order.

The proposed order shall be filed and served as an exhibit to the notice of presentment.

(c) Time for Notice.

A notice of presentment under subdivision (a) of this rule shall provide at least 21 days' notice of the date set for the presentment of the proposed order if served in compliance with E.D.N.Y. LBR 9036-2(b). As set forth in E.D.N.Y. LBR 9006-1(c), (i) if papers are served by first-class mail, an additional 3 days shall be added to the minimum service requirement and (ii) if papers are served by overnight mail or courier, an additional day shall be added to the minimum service requirement.

(d) Entities to Receive Notice.

In addition to the requirements of Bankruptcy Rule 2002 and E.D.N.Y. LBR 2002-2, a notice of presentment under subdivision (a) of this rule shall be served upon any entity having or claiming an interest in the subject matter of the proposed order or who otherwise would be affected by the proposed order including, but not limited to, as applicable, contract counterparties, secured creditors, the debtor, any committee and any party that has filed a Notice of Appearance in the case.

(e) Objection.

Any objection to the proposed order shall be in writing, conform to the requirements set forth in E.D.N.Y. LBR 9013-1, and be served so as to be received by the proponent and filed with proof of service at least 7 days prior to the date set for the presentment of the proposed order.

CROSS-REFERENCES: E.D.N.Y. LBR 2002-2, 3015-2, 4001-1, 5070-1, 9013-1 Committee Note: Each Judge's chambers should also be consulted regarding the relief that may be sought by notice of presentment.