Local Rule RULE 9013-1: MOTIONS; FORM AND SERVICE

RULE 9013-1. MOTIONS; FORM AND SERVICE A.Hearing on Request for Relief. When relief is requested by the filing of a motion or other request for relief, unless a hearing is required by the Code, applicable rules, or a Court order, such a request for relief requires only notice of an opportunity for a hearing.

B.Notice of Opportunity for Hearing. Except for requests for relief specified in subsection (C), if a motion or other request for relief is filed for which the Code does not require a hearing but permits an opportunity for a hearing as defined by 11 U.S.C. § 102(1), the movant shall include: A separate Notice on this Court's Local Form 20A titled: "Notice of Motion, Notice of Deadline to File Objection to Motion and Notice of Hearing, if Objection is Filed." Hearing dates, times, locations and the last date for filing an objection to a motion are found on the court's website at www.okeb.uscourts.gov then click on the heading for Hearing Dates for Motions for use to complete the Form 20A. The form must be filed the same day the hearing and objection date are taken from the website. The response time for objections shall always be a date certain in the Notice. The date certain established by the Court on the website will be calculated as fourteen (14) days from the date of entry on the docket which includes the three (3) days for service by mail in accordance with Bankruptcy Rule 9006 and Local Rule 9006-1(a), unless a different response time is prescribed by applicable statute, rule or order.

After expiration of the time for filing a response or objection, if no response or objection is timely filed and if the movant has complied with this Local Rule 9013-1(B), the Court may grant the relief requested without further notice or a hearing. A proposed order should be submitted to the Court pursuant to Local Rule 9072-1(A) and CM/ECF Administrative Guide XIII. Proposed Orders, at the time of filing of the motion.

If an objection or response is filed, the matter will be considered a contested matter and will be governed by Local Rule 9014-1.

C.Exceptions. Subsection (B) of this rule does not apply to:

1.A notice of sale not in the ordinary course of business made pursuant to Bankruptcy Rule 6004(a). See Local Rule 6004-1(A).

2.An objection to a proposed use, sale, or lease of property pursuant to Bankruptcy Rule 6004(b). See Local Rule 6004-1(A) and (B).

3.A motion for sale free and clear of liens and/or interests made pursuant to Bankruptcy Rule 6004(c). See Local Rule 6004-1(B).

4.An objection to a disclosure statement made pursuant to Bankruptcy Rule 3017(a) or 3017.1(c)(2).

5.An objection to confirmation of a plan filed pursuant to Bankruptcy Rule 3020(b)(1).

6.An objection to confirmation of a plan in a Chapter 12 or 13 case filed pursuant to Bankruptcy Rule 3015(f).

7.A motion made pursuant to Bankruptcy Rule 9011(c).

8.A motion for withdrawal of a case or proceeding brought pursuant to Bankruptcy Rule 5011(a). See Local Rule 5011-1.

9.A motion to appoint a trustee or examiner pursuant to 11 U.S.C. § 1104.

D.Corporate Ownership Statement. Any corporation, other than a governmental unit, that files a motion or other request for relief, including those listed in subsection C, shall complete and file Local Form 7007.1-1 identifying all publicly held corporations, other than a governmental unit, that directly or indirectly own ten percent (10%) or more of any class of the corporation's equity interest, or stating that there are no such entities to report. The corporate ownership statement shall be filed concurrently with such corporation's first request for relief. A supplemental corporate ownership statement shall be filed promptly to reflect any change in the information that is required to be disclosed.

This Rule further requires that membership interests in limited liability companies and similar entities that fall under the definition of a corporation in Bankruptcy Code § 101 also be included in the ownership statement.

E.Amended Motions. Unless otherwise ordered, the time for filing a response or objection to a motion filed under Local Rule 9013-1(B) shall recommence upon the filing of any amendment, correction, supplement or modification to the motion, even if such amendment, correction, supplement or modification is in response to a notice of deficiency filed by the Clerk or the Court. Unless the Court orders otherwise, the amendment, correction, supplement or modification shall comply with Local Rules 9004-1(F) and 9013-1(H).

F.Motions Not Prosecuted. Motions or other requests for relief made under subsection (B) of this rule that are pending in a case at the time a case is closed will be stricken for lack of prosecution.

G.Untimely Pleadings. Pleadings, including but not limited to objections, responses, briefs, and supplements to pleadings, that are filed later than the date due may be disregarded by the Court.

H.Time and Manner of Service of Motions and Notice of Motion and Deadline to File objection and Notice of Hearing.

1.If the recipient of notice or service is a registered participant in the CM/ECF System, service by the CM/ECF System of the Notice of Electronic Filing shall be the equivalent of service of the pleading by first-class mail, postage prepaid.

2.If the party entitled to notice or service is not a registered participant in the CM/ECF System, or the party is entitled to service pursuant to Bankruptcy Rule 9014(b) and 7004, when a motion is filed, the motion and notice shall be served by the movant upon all such parties entitled to receive notice thereof the same date of the filing date. Mailing of the motion and notice in compliance with Bankruptcy Rule 7004(b), and in the case of notice to an agency, department or instrumentality of the United States, to the address maintained by the Clerk specified in Local Rule 1007-I [Interim]-1(J) , properly addressed, shall constitute compliance with this rule. Movant shall file a Certificate of Mailing the same date as filing the motion and notice in compliance with Local Rule 5005-1(E). If the Certificate of Mailing is not timely filed, the Court may deny the motion without notice to the movant.