Local Rule L.B.R. 9007-1: General Authority to Regulate Notices

L.B.R. 9007-1 General Authority to Regulate Notices.

(a) Negative Notice Procedure Authorized.

When authority to act or relief is sought which can only be authorized or granted upon notice or "after notice and hearing" as defined in 11 U.S.C. § 102, subject to Local Bankruptcy Rule 9014-1 and Local Bankruptcy Rule 3007-1, the party may, with respect to both motions under Bankruptcy Rule 9013 and contested matters under Bankruptcy Rule 9014, serve notice of the relief sought, and unless impracticable, any underlying motion, as follows using the "negative notice" procedure as set forth in this rule, except as provided in subsection (h) hereof. When this procedure is used with respect to a contested matter, no summons is required but service shall otherwise comply with the Federal Rules of Bankruptcy Procedure.

(b) Minimum Service Requirement.

At a minimum, the pleading or notice shall be served upon the following parties in interest:

(1) The debtor, and, if the debtor is represented by an attorney, the attorney;

(2) Any attorney for a committee appointed or elected in the case, or if no attorney has been employed to represent the committee, through service on its members; and if no committee has been appointed in a chapter 9 or 11 case, the creditors included on the list filed pursuant to Bankruptcy Rule 1007(d);

(3) The United States Trustee;

(4) Any trustee appointed in the case; and

(5) All parties requesting notice pursuant to Local Bankruptcy Rule 2002-1(j); and

(6) Any entity required to be served by any applicable Bankruptcy Rule.

(c) Notice of Hearing Requirement.

Except in a complex chapter 11 case, the pleading or notice served shall contain a statement in substantially the following form:

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT (ADDRESS OF CLERK'S OFFICE) BEFORE CLOSE OF BUSINESS ON (MONTH) (DAY), (YEAR), WHICH IS AT LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF.

1 14 days for motions to obtain credit, and for motions to waive the requirement of a disclosure statement in a small business case.

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY.

IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN.

Except in a complex chapter 11 case, where sales free and clear are involved, Bankruptcy Rule 6004 shall be complied with by changing the first paragraph above to read substantially as follows:

HEARING DATE ON SUCH SALE IS SET FOR (MONTH, DAY, YEAR), WHICH IS AT LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF. NO OBJECTION TO SUCH SALE WILL BE CONSIDERED UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT (ADDRESS OF CLERK'S OFFICE) AT LEAST 4 DAYS IN ADVANCE OF SUCH HEARING DATE.

Except in a complex chapter 11 case, where objections to claims are involved, the first paragraph of the notice shall be modified to provide:

NO HEARING WILL BE CONDUCTED ON THIS OBJECTION TO CLAIM UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT (ADDRESS OF CLERK'S OFFICE) BEFORE CLOSE OF BUSINESS ON (MONTH, DAY, YEAR), WHICH IS AT LEAST 30 DAYS FROM THE DATE OF SERVICE HEREOF.

(d) Statement of Relief Sought.

Any notice shall state what authority to act or relief is sought by the moving party with sufficient particularity to apprise noticed parties of the subject matter of the notice or motion by reference to the pleadings delivered and shall not just refer to a pleading on file with the court. The court may deny any relief not sufficiently described so as to give general notice of the relevant factors to parties in interest.

(e) Certificate of Service.

The movant shall file with the Bankruptcy Clerk a certificate of service, evidencing the date and mode of service and the names and addresses of the parties served.

(f) Certificate of Conference.

A certificate of conference indicating whether or not a conference was held prior to filing the motion is required. The certificate shall indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached. If a conference was not held, the certificate shall explain why it was not possible or practicable to confer. A conference is not required to be held when it is reasonably anticipated that the number of responding parties may be too numerous to contact prior to filing the motion.

(g) Certificate of No Objections.

If no response and request for a hearing has been timely filed following service of notice in accordance with this rule, the moving party shall file a certificate with the court after the expiration of the applicable notice period stating that no objections have been timely served upon the moving party. In the event that the court has entered an order limiting the parties to whom notice shall be given or copies shall be sent, or limiting the time to respond, the certificate also shall state the date and substance of such order so that the existence of and compliance with such order may be determined from such certificate.

(h) Exceptions.

This procedure may not be used for the following requests for relief, which shall be set for hearing:

(1) motions to dismiss or convert filed by a party in interest other than the debtor;

(2) motions for relief from the automatic stay, which are governed by Local Bankruptcy Rule 4001-1;

(3) motions to extend or impose the automatic stay;

(4) motions for use of cash collateral or to obtain credit in chapter 11 cases;

(5) motions to assume, or to assume and assign, executory contracts or unexpired leases;

(6) motions to extend exclusivity or the time to confirm a plan of reorganization;

(7) motions to approve or implement one or more key employee incentive programs (KEIP), key employee retention programs (KERP) or any similar program;

(8) motions for substantive consolidation;

(9) confirmation of a plan in a chapter 9, 11 or 12 case, or approval of a disclosure statement, other than pursuant to Local Bankruptcy Rule 3017-2(a); and

(10) any motion for which the Bankruptcy Rules specifically require a hearing.