Local Rule RULE 9007-1: NEGATIVE NOTICE PROCEDURES

RULE 9007-1 NEGATIVE NOTICE PROCEDURES

(a) The Court has established a list (the "Negative Notice List") of motions, objections, applications, and other papers that may be considered without a hearing under the negative notice procedure described in this rule if no party in interest files a response to the relief requested. The Negative Notice List is posted on the Court's website, https://www.almb.uscourts.gov, and may be supplemented or otherwise amended by the Court from time to time.

(b) Filings may be considered by the Court under the negative notice procedure described in this Local Rule if filed electronically. If no party in interest files a written response, the electronically filed motion/notice/application will be taken under advisement by the Court and may be granted or approved without further notice or hearing. The Court may sua sponte set any motion filed pursuant to this Local Rule for a hearing.

(c) Filings filed under this Local Rule, and any amendments to filings to which no response has been filed, shall contain the following negative notice language in all capital letters, bolded, and centered on the page under the style of the case:

PURSUANT TO M.D. ALA., LBR 9007-1, THIS FILING WILL BE TAKEN UNDER ADVISEMENT BY THE COURT AND MAY BE GRANTED/APPROVED UNLESS A PARTY IN INTEREST FILES A RESPONSE WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF SERVICE. RESPONSES MUST BE SERVED UPON THE MOVING PARTY AND, IN THE MANNER DIRECTED BY M.D. ALA., LBR 5005-4, FILED WITH THE CLERK ELECTRONICALLY OR BY U.S. MAIL ADDRESSED AS FOLLOWS: CLERK, U.S. BANKRUPTCY COURT, ONE CHURCH STREET, MONTGOMERY, AL 36104.

(d) If a response is filed to a filing under this rule, any amendments to the original filing shall not include the negative notice language set forth in subsection (c).

(e) All filings filed under this Local Rule must be accompanied by a certificate of service evidencing proper proof of service pursuant to Local Rule 9013-3.

(f) For the motions/notices/applications included in the "List for Local Rule 9007-1(f)" at https://www.almb.uscourts.gov, if no party in interest files a written response, the Court will electronically prompt the moving party using a "Declaration and Order Due" event to file with the Court a Declaration in Support of Entry of Order using Local Form 5 and to submit an order pursuant to Local Rule 9072-1. The moving party will have seven (7) days from the "Declaration and Order Due" event entered on CM/ECF to file the Declaration and submit an order. If the Declaration and/or the order is not timely filed or is not filed correctly, the matter will be set for hearing.

(g) For the motions/notices/applications included in the "List for Local Rule 9007-1(g)" at https://www.almb.uscourts.gov, if no party in interest files a written response, the matter will be taken under advisement by the Court and the Court may either enter the order or set the matter for hearing.

(h) Any local form or order template that the Court makes available for the motions/notices/applications listed at https://www.almb.uscourts.gov shall be used.