Local 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 (D), 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 the following language in the title of the request for relief: "And Notice of Opportunity for Hearing." The body of the motion shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected. You should read this document carefully and consult your attorney about your rights and the effect of this document. If you do not want the Court to grant the requested relief, or you wish to have your views considered, you must file a written response or objection to the requested relief with the Clerk of the United States Bankruptcy Court for the Northern District of Oklahoma, 224 South Boulder, Tulsa, Oklahoma 74103 no later than * days from the date of filing of this request for relief. You should also serve a file-stamped copy of your response or objection to the undersigned movant/movant's attorney [and others who are required to be served] and file a certificate of service with the Court. If no response or objection is timely filed, the Court may grant the requested relief without a hearing or further notice. The * day period includes the three (3) days allowed for mailing provided for in Fed. R. Bankr. P. 9006(f).

*The moving party shall calculate the appropriate response time. If a response time is prescribed by applicable statute, rule, or order, the moving party shall add to the prescribed response time unless service is accomplished by hand delivery, the three (3) days required for mailing under Bankruptcy Rule 9006(f). If a response time is not prescribed by applicable statute, rule, or order, the response time shall be fourteen (14) days, which includes the three (3) days required for mailing under Bankruptcy Rule 9006(f).

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 movant may file a request for entry of an order granting the requested relief, and the Court may grant the relief requested without further notice or a hearing. The request for entry of an order shall state the facts of service of the original request for relief and that no response or objection has been timely filed, or if untimely filed, stating the pertinent facts. If the request for entry of an order is filed using the ECF System, it should be related to the request for relief by docket number (using the "Refer an existing event" on the ECF System), and, if an order other than a Text-Only Order is desired, a proposed order should be submitted to the Court pursuant to these Local Rules and the ECF Administrative Guide. If the party requesting entry of an order is not required to electronically file documents, a copy of the original request for relief shall be attached to the request for entry of an order, and a proposed order may be submitted (but not filed) with the request for entry of an order. See Local Rule 9072-1.

C. 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. A file-stamped copy of the amendment, correction, supplement or modification shall be served pursuant to Local Rules 9004-1(F) and 9013-1(G).

D. 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. Any request for relief brought pursuant to Part VII (Adversary Proceedings) or Part VIII (Appeals to District Court) of the Bankruptcy Rules, except in the case of a motion to dismiss a complaint objecting to discharge. See Local Rule 7041-1.

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

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

9. A motion for summary judgment made pursuant to Bankruptcy Rule 7056. See Local Rule 7056-1.

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

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

12. The Notice of Trustee's Final Report and Applications for Compensation (NFR) by a Chapter 7 trustee. The Notice of Trustee's Final Report and Applications for Compensation (NFR) shall contain the following language (or such other language as may be required by the United States Trustee):

Any person wishing to object to any fee application or the Final Report, must file a written objection within 21 days of the date of this notice, together with a request for a hearing and serve a copy of both upon the trustee, any party whose application is being challenged and the United States Trustee. If no objections are filed, the Court will act on the fee applications and the trustee may pay dividends pursuant to FRBP 3009 without further order of the Court.

E. 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. The final order disposing of the case will operate as the order striking any such motions or other requests for relief.

F. Untimely Pleadings. Pleadings, including but not limited to objections, responses, briefs, and supplements to pleadings, that are filed later than 4:30 p.m. on the third day prior to the date set for hearing on the matter to which the pleading relates may be disregarded by the Court.

G. Time and Manner of Service of Motions.

1. If the recipient of notice or service is a registered participant in the ECF System, service by the 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 ECF System, or the party is entitled to service pursuant to Bankruptcy Rule 9014(b) and 7004, when a motion is filed, a file-stamped copy of the motion shall be served by the movant upon all such parties entitled to receive notice thereof within two (2) days of the filing date. Mailing of the motion 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 1007-1(J), properly addressed, within two (2) days of the filing date shall constitute compliance with this rule. Movant shall file a Certificate of Service within seven (7) days after filing the motion in compliance with Local Rule 5005-1(E). If the Certificate of Service is not timely filed, the Court may deny the motion without notice to the movant.