Local Rule L.B.R. 9014-1: Contested Matters

L.B.R. 9014-1 Contested Matters.

(a) Response Required.

Except as set forth in subparagraphs (f) and (g) hereof, and subject to the requirement that a movant provide proof in support of a motion, a response is required with respect to a contested matter. This rule shall constitute the Bankruptcy Court's direction requiring a response under Bankruptcy Rule 9014. A response is not required to a Chapter 13 Trustee's Notice of Intent to Dismiss, or an objection to confirmation of a chapter 13 plan.

(b) Service and Conference.

The movant shall serve the motion electronically, or by mail, in the manner provided by Bankruptcy Rule 7004. No summons is required. Following service of the motion, pursuant to Bankruptcy Rule 7005, movant shall file with the Bankruptcy Clerk a certificate of service, attached to the motion, evidencing the date and mode of service and the names and addresses of the parties served, and where reasonably feasible, a certificate of conference evidencing compliance with Local Bankruptcy Rules 7007-1(a) and 9014-1(d)(1). A certificate of conference will not be required when it is reasonably anticipated that the number of opposing parties may be too numerous to contact prior to the filing of the motion.

(c) Exchanging Exhibits, Lists, and Designating Deposition Excerpts.

(1) Exchanging Exhibits. All exhibits that a party intends to offer at the hearing, except those to be offered solely for impeachment, shall be marked with gummed labels or tags that identify them by the party's initials or name, followed by the exhibit number or letter under which they will be offered, and shall be exchanged with opposing parties at least 3 calendar days before the scheduled hearing date, except in a complex chapter 11 case where the applicable procedures shall govern the applicable deadline. Two bound copies of such exhibits shall be furnished to the Presiding Judge prior to the beginning of the hearing.

(2) Exchanging Exhibit and Witness Lists. At least 3 calendar days before the scheduled hearing date, except in a complex chapter 11 case where the applicable procedures shall govern the applicable deadline, the parties shall file with the Bankruptcy Clerk and deliver to opposing parties, separate lists of exhibits and witnesses, except those to be offered solely for impeachment. One copy of the exhibit and witness list shall be presented to the court reporter at the beginning of the hearing. It is assumed that the debtor(s) will testify.

(3) Designating Deposition Excerpts. The parties shall designate, in lists delivered to opposing parties and filed with the Bankruptcy Clerk at least 3 calendar days before the scheduled hearing date, the portions of any depositions to be offered at the hearing, except in a complex chapter 11 case where the applicable procedures shall govern the applicable deadline.

(d) Certification of Counsel at Evidentiary Hearing.

In any evidentiary hearing, all counsel shall certify before the presentation of evidence:

(1) that good faith settlement discussions have been held or why they were not held,

(2) that all exhibits (except for those used solely for impeachment), lists of witnesses, and appraisals (if applicable) have been exchanged at least 3 days in advance of the hearing date. In any conflict between a scheduling order entered in a contested matter and these Local Bankruptcy Rules, the scheduling order controls.

(e) Motions to Lift Stay.

Motions to lift the automatic stay pursuant 11 U.S.C. § 362(d) are governed by Local Bankruptcy Rule 4001-1.

(f) Objections to Claims.

Objections to claims do not require a written response unless the party filing the objection has used the negative notice procedure set forth in Local Bankruptcy Rule 9007-1.

(g) Expedited Motions.

Where a party has obtained a hearing on an expedited motion, the Court may waive the response requirement.