Local Rule RULE 9014-1: CONTESTED MATTERS

RULE 9014-1. CONTESTED MATTERS A.Applicability of Notice of Opportunity for Hearing Procedure. Local Rule 9013-1 applies to motions or objections initiating contested matters, except to the extent excluded by Local Rule 9013-1(E). Initial hearings will be considered preliminary in nature unless the Court orders otherwise. In that event, applicant/movant and opponent should be prepared to present witnesses, evidence and legal argument at the hearing. If the applicant/movant and/or opponent intend to present evidence, each party shall file a timely Notice of Intent to Present Evidence to ensure both parties are prepared for the hearing. The order resulting from any preliminary hearing shall govern further scheduling of the evidentiary hearing procedure. See Local Rule 9014-1(E).

B.Corporate Ownership Statement. Any corporation, other than a governmental unit, that is a participant in a contested matter 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 or response or objection to a 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.

C.Certificate of Mailing. See Local Rule 5005-1(E).

D.Dismissing or Withdrawing Pleadings that Initiate Contested Matters. Bankruptcy Rule 7041 applies to dismissals and withdrawals of motions to which a response or objection has been filed. A motion to which an objection has been filed may not be withdrawn without an order of the Court. An application to withdraw the motion shall indicate that opposing parties either consent or object to withdrawal of the motion.

E.The parties shall comply with the Court's Instructions Governing Evidentiary Hearing Procedure in Contested Matters, Local Form 9014-1(E), and shall be required to comply with the provisions contained herein.