Local Rule 9007-1: NEGATIVE NOTICE PROCEDURE
Bankr. S.D. Ala. — General rule
Local Bankruptcy Rule 9007-1 NEGATIVE NOTICE PROCEDURE
(a) The following motions, objections, and other matters may be considered by the court without an actual hearing under the negative notice procedure described in this rule if no party in interest files a written objection stating a specific ground or grounds on which the objection is based:
(1) Motions to approve agreements relating to relief from the automatic stay, prohibiting or conditioning the use, sale, or lease of property, providing adequate protection, use of cash collateral, and obtaining credit pursuant to Fed. R. Bankr. P. 4001(d).
(2) Motions to avoid liens on exempt property pursuant to Fed. R. Bankr. P. 4003(d).
(3) Motions to use, sell, or lease property not in the ordinary course of business pursuant to Fed. R. Bankr. P. 6004(a) but not motions to sell property free and clear of liens or other interests pursuant to Fed. R. Bankr. P. 6004(c).
(4) Notices of abandonment pursuant to Fed. R. Bankr. P. 6007(a) and motions to compel abandonment pursuant to Fed. R. Bankr. P. 6007(b).
(5) Motions to approve compromises or settlements pursuant to Fed. R. Bankr. P. 9019(a).
(6) Objections to claims pursuant to Fed. R. Bankr. P. 3007 other than objections joined with a demand for relief of the kind specified in Fed. R. Bankr. P. 7001.
(7) Applications for compensation or reimbursement pursuant to Fed. R. Bankr. P. 2016, when permissible.
(8) Motions to extend the time for filing claims pursuant to Fed R. Banff. P. 3002(c) or Fed. R. Bankr. P. 3003(c).
(9) Motions to extend the time for the filing of dischargeability complaints under Fed. R. Bankr. P. 4007.
(10) Motions to increase the exclusivity periods for filing a chapter 11 plan pursuant to section 1121(d) of the Bankruptcy Code.
(11) Motions for extension of the time for the assumption or rejection of executory contracts or leases pursuant to section 365(d)(1) of the Bankruptcy Code.
(12) Approval of trustees' final accountings and compensation when permissible under the Rules of Bankruptcy Procedure.
(13) Objections to exemptions pursuant to Fed. R. Bankr. P. 4003(b).
(14) Motions to increase or decrease payments to be made under a plan in a chapter 13 case.
(15) Motions to reopen cases pursuant to section 350.
(16) Motions to change the venue of a case from one division in this district to another.
(17) Motions to assume or reject executory contracts pursuant to section 365.
(18) Motions to redeem personal property pursuant to section 722.
(19) Motions to abandon property pursuant to section 554.
(20) Motion for Discharge for Chp 12 & 13 and Debtor's Certifications Regarding Domestic Support Obligations.
(b) Motions, objections, and other matters filed pursuant to this negative notice procedure shall:
(1) Be filed in the Court Electronic Case Filing System and shall be served, in the manner and on the parties as required by the provisions of the Federal Rules of Bankruptcy Procedure, Local Rule, or any order of court applicable to motions, objections, or matters of the type made and shall be filed with the proof of such service.
(2) Contain a negative notice legend prominently displayed on the face of the first page of the paper. The negative notice legend shall be in a form substantially as follows:
NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING Pursuant to Local Rule, the Court will consider this motion, objection, or other matter without further notice or hearing unless a party in interest files a written objection within [number] days from the date of service of this paper. If you object to the relief requested in this paper, you must file your written objection stating the specific ground or grounds on which your objection is based with the Clerk of the Court at 201St. Louis Street, Mobile, AL 36602, and serve a copy on the movant's attorney, [name and address, and any other appropriate persons].
If you file and serve a written objection stating the specific ground or grounds on which your objection is based within the time permitted, the Court will schedule a hearing and you will be notified If you do not file a proper written objection within the time permitted, the Court will consider that you do not oppose the granting of the relief requested in the paper, will proceed to consider the paper without further notice or hearing, and may grant the relief requested.
(3) Be filed with a proposed form of order granting the relief sought, a copy of which shall also be served with the motion, objection or other matter. In addition to any other requirements, the proposed form of order shall recite that:
(A) The motion, objection, or other matter, together with the proposed form of order, was served upon all interested parties with the negative notice legend informing the parties of their opportunity to object within 21 (or other) days of the date of service;
(B) No party filed a written objection stating a specific ground or grounds on which the objection is based within the time permitted; and
(C) The court therefore considers the matter to be unopposed.
(4) The number of days in which parties may object that is placed in the negative notice legend shall be 21 days except:
(A) In the case of motions to approve agreements relating to relief from the automatic stay, prohibiting or conditioning the use, sale, or lease of property, providing adequate protection, use of cash collateral, and obtaining credit pursuant to Fed. R. Bankr. P. 4001(d), the time shall be 14 days;
(B) In the case of objections to proofs of claim pursuant to Fed. R Bankr. P. 3007, the time shall be 30 days;
(C) In the case of disclosure statements filed pursuant to Fed. R. Bankr. P. 3016(c), the time shall be 28 days.
(c) In the event a party in interest files a written objection stating the specific ground or grounds on which the objection is based within the time permitted in the negative notice legend, the court will schedule a hearing on the motion, objection, or other matter upon notice to the movant's attorney, the objecting party or parties, and others as may be appropriate.
(d) In the event no party in interest files a written objection stating the specific ground or grounds on which the objection is based within the time permitted in the negative notice legend as computed under Fed- R. Bankr. P. 9006(a) and (f), the court will consider the matter in chambers without further notice or hearing upon the proposed form of order granting the relief submitted by the movant after the expiration of the applicable time period for response or objection.
(e) Nothing in this rule is intended to preclude the court from conducting a hearing on the motion, objection, or other matter even if no objection is filed within the time permitted in the negative notice legend.