Local Rule RULE 9013-1: MOTION PRACTICE
Bankr. N.D.N.Y. — General rule
RULE 9013-1 MOTION PRACTICE
(a) Notice. Unless otherwise ordered by the Court, notice of a motion shall be provided in the time and manner prescribed by the Federal Rules of Bankruptcy Procedure, Local Bankruptcy Rules, and the Administrative Procedures.
(1) Identification of Relief Sought and Statutory Basis. The notice of motion shall set forth, in concise, plain terms, the specific relief sought, the party or parties against whom such relief is sought, and the rule or statute upon which the motion or application is predicated. Failure to provide the basis for relief sought is cause for the Court to deny the relief requested.
(b) Notice and Service Generally. When a notice, motion or other paper is electronically filed, the CM/ECF system generates a "Notice of Electronic Filing" that is transmitted to the filing party and all registered users of the CM/ECF system having appeared in the case in which the filing is made.
(1) Service Upon a Registered User Who Has Appeared in the Case. Transmission of the Notice of Electronic Filing to a registered user via the CM/ECF system, constitutes service of the notice, motion or other paper.
(2) Service Upon a Non-Registered User or a Registered User Who Has Not Appeared in the Case. A party who is not a registered user of the CM/ECF system must be served with the filed notice, motion or other paper in compliance with the Federal Rules of Bankruptcy Procedure and these rules.
(c) Certificate of Service. A certificate of service upon both registered and non-registered users of the CM/ECF system is required. The certificate must state the manner in which service or notice was accomplished on each party. The moving party shall file a certificate of service, not later than seven (7) days prior to the return date of the motion. Failure to file a certificate of service may result in the motion not appearing on the Court's calendar. Sample language for a certificate of service can be found in the Administrative Procedures.
(d) Supporting Affidavit, Application, and Exhibits.
(1) Service Not Required. Except as provided in the subparagraphs below, where a motion is made for the relief set forth in subparagraphs (a)(1), (2), (3), and (5) of LBR 2002-1 and the relief sought and the affected parties are clearly and unambiguously stated in the notice of motion, a supporting affidavit, application, or exhibits need not be served on all parties in interest. In such case, the notice of motion must clearly indicate that a copy of the supporting affidavit, application, or exhibit is available, without charge, from the movant upon request. The movant must provide a contact name and telephone number and/or email address to which such a request may be made.
(2) Service Required. A complete copy of a motion with any supporting affidavit, application, and exhibits shall be served upon the United States trustee, the trustee, any official committee, opposing counsel, and any party that may be directly adversely affected by the granting of the requested relief.
(3) Filing Requirements. Any motion, supporting affidavit, and application must be filed with the Court. For filing requirements related to exhibits, see LBR 9013-2.
(e) Timeliness of Filing and Service of a Motion. Unless otherwise specified in the Federal Rules of Bankruptcy Procedure (particularly Rules 2002, 3007, and 4007), these rules, the Administrative Procedures, or as ordered by the Court, any motion shall be filed and served at least twenty-one (21) days before the return date of the motion.
(f) Filing Deadlines. An electronic filing is considered timely if received by the Court before midnight on the date set as a deadline, unless the Court or these rules specifically require an earlier filing.
(g) Answering Papers.
(1) Timeliness of Filing and Service. Answering papers shall be served and filed so as to be received not later than seven (7) days prior to the return date of the motion. The date, time, and location of the hearing shall be included above the case number in the caption.
(2) Oral Opposition. If the Court permits oral opposition to a motion without an answer or response being filed and adjourns the hearing, the answer or response substantiating the oral opposition shall be filed and served within seven (7) days of the original hearing date.
(h) Chambers Copy. A paper chambers copy is required for the matters listed below. The chambers copy is to be submitted to the Clerk contemporaneously with the electronic filing of the pleading or other document. The copy must be clearly marked as "ECF CASE – CHAMBERS COPY." The chambers copy need not contain a copy of the original signature. Unless otherwise directed by the Court, copies should be sent via regular mail or hand delivery, not by facsimile. Parties who fail to provide a chambers copy may be billed for copies.
(1) Albany Chambers:
(A) Notice of motion, motion, application, and certificate of service, except for chapter 13 trustee's motion to dismiss and to determine/expunge claim;
(B) Opposition, response, or any pleading relating to a hearing;
(C) Opposition to disclosure statement in a chapter 11 case;
(D) Objection to confirmation of a chapter 11 plan;
(E) Pretrial statement;
(F) Memoranda of law and any pleading and other document filed in regard to a submitted matter; and
(G) All pleadings related to loss mitigation.
(2) Syracuse and Utica Chambers:
(A) Notice of motion, motion, application and certificate of service;
(B) Any pleading filed in an adversary proceeding;
(C) Pretrial statement;
(D) Memoranda of law and any pleading or other document filed in regard to a submitted matter;
(E) Any document regarding an appeal;
(F) Withdrawal of reference;
(G) Any objection pursuant to Fed. R. Bankr. P. 9033; and
(H) All pleadings related to loss mitigation.
(i) Adjournment Generally. The Court requires a written request for an adjournment that affirmatively indicates the consent of opposing counsel, states the reasons for the request, and states whether any previous request for an adjournment has been made. Chambers will notify the requesting party only if the request is denied.
(j) Procedure for Requesting Adjournment. An adjournment request shall be made by electronically filing not later than 2:00 p.m. the day prior to the hearing an Adjournment Request/Withdrawal/Settlement Notification for Motion Related Matters form or an Adjournment Request/Withdrawal/Settlement Notification for Confirmation Hearings form.
(1) Inability to Obtain Opposing Counsel's Consent. The inability to affirmatively indicate opposing counsel's consent to an adjournment will require an appearance for the purpose of requesting the adjournment, unless the Court directs otherwise.
(k) Withdrawal of Pleading or Other Document Generally. Any party who seeks to withdraw a motion, pleading or other document shall provide written notification to the Court and all parties who have filed and served related papers.
(l) Procedure for Notification of Withdrawal. Notice of the withdrawal of a motion shall be provided not later than 2:00 p.m. the day prior to the hearing by electronically filing an Adjournment Request/Withdrawal/Settlement Notification for Motion Related Matters form.
(m) Notification of Settlement – Generally. Where movant and opposing counsel have agreed to the terms of an order, movant shall provide written notification to the Court and all parties who have filed and served responding papers.
(n) Procedure for Notification of Settlement. Notice of the settlement of a motion shall be provided not later than 2:00 p.m. the day prior to the hearing by electronically filing an Adjournment Request/Withdrawal/Settlement Notification for Motion Related Matters form.
(o) Appearance by Local Counsel. If a party is to be represented by local counsel at a hearing in place of counsel of record, local counsel must be admitted to practice before the District Court of the Northern District of New York and should be fully versed in the matter before the Court.
Comment The service fee for copies made by Clerk's Office staff is governed by the Bankruptcy Court Miscellaneous Fee Schedule.