Local Rule 9014-2: FIRST SCHEDULED HEARING
Bankr. E.D.N.Y. — General rule
Rule 9014-2 FIRST SCHEDULED HEARING The first scheduled hearing in a contested matter will not be an evidentiary hearing at which witnesses may testify, unless:
(a) the Court gives prior notice to the parties that such hearing will be an evidentiary hearing;
(b) the motion requests emergency relief and is made at the commencement of the case;
(c) the motion requests interim or final relief under Bankruptcy Code §§ 363(b), 363(c)(2)(B), or 364;
(d) the motion requests a continuation of the automatic stay under Bankruptcy Code § 362(c)(3)(B) or imposition of the automatic stay under Bankruptcy Code § 362(c)(4)(B);
(e) the motion requests the Court's approval of rejection of an unexpired lease of real property under Bankruptcy Code § 365(a), and a timely objection thereto is filed; or
(f) the hearing is on confirmation of a plan in a case under chapter 9, chapter 11, chapter 12 or chapter 13 of the Bankruptcy Code.
REFERENCES: Bankruptcy Code §§ 363(c)(2)(B), 362(c)(3)(B), 364, 365(a) Comment: Bankruptcy Rule 9014(e), added in 2002, requires that the Court provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify. Nothing in E.D.N.Y. LBR 9014-2 precludes a party from requesting an evidentiary hearing at the first scheduled hearing and asking the Court to provide for notice thereof in accordance with the final paragraph of the rule.