Local Rule 2002-2: Notices of Intended Action and Opportunity for Hearing

2002-2. Notices of Intended Action and Opportunity for Hearing.

(a) Matters Where a Notice of Intended Action May Be Used. The matters set forth below may be determined by notice of intended action and opportunity for hearing. Notice requirements are governed by FRBP 2002(a).

(1) Request by the U.S. Trustee or trustee for dismissal of a chapter 7, 11, 12, or 13 case if the debtor fails to file the schedules and statements required by FRBP 1007, or if the debtor or joint debtor fails to appear at the scheduled section 341(a) meeting or continued section 341(a) meeting under FRBP 2003 and LBR 1017-3, without further notice to the debtors or Creditors. A. The noticing requirements of FRBP 2002 and this subsection are satisfied by including the notice of intended action within the section 341(a) notice; and B. A party in interest may object to the motion for dismissal at the section 341(a) meeting, at which time a hearing on the objection will be scheduled.

(2) Intended use, sale, or lease of property other than in ordinary course of business as governed by FRBP 6004 and LBR 6004, but excluding motions for sale or lease of Personally Identifiable Information as provided for in LBR 6004-3 and sales free and clear of liens and interests which require FRBP 7004 service.

(3) Intended abandonment of property by the debtor or trustee as governed by FRBP 6007 and LBR 6007.

(4) Intended compromise or settlement of controversy by the debtor or trustee as governed by FRBP 9019 and LBR 9019.

(5) Allowance of compensation or other remuneration to the debtor or Insiders as provided by LBR 4002-2.

(6) Applications for compensation, commissions, or expenses of auctioneers, appraisers, or brokers to the extent the aggregate compensation and expenses exceed $1,500 as governed in FRBP 2002(a)(6).

(7) Application for compensation or reimbursement of expenses from the estate when the application is that of the trustee only.

(8) Requests for consolidation of Actions pursuant to LBR 7042-1.

(9) Intended dismissal of a complaint or cause of action for denial of discharge under 11 U.S.C. § 727.

(10) All other matters where the Court or the Bankruptcy Rules may direct.

(b) Limitation on Use. Notices of intended action may not be used except as set forth above.

(c) CSD 1180. Any notice of intended action served under this section must substantially conform to Local Form CSD 1180. The notice must be filed not later than 2 court days after service and must be accompanied by the moving papers described in LBR 9013-7(a) other than the notice of motion.

(d) Response. Any opposition or response to a notice of intended action must be filed and served not more than 14 days after service of the notice of intended action, along with a request and notice for hearing substantially conforming to Local Form CSD 1184. If service of the notice of intended action and opportunity for hearing was by mail, FRBP 9006(f) applies.

(e) Replies. Any reply to a response to a Notice of Intended Action must be filed and served on the opposing party the earlier of 7 days after service of the response or 3 business days before the hearing date. A response to a reply is not permitted without Court order.

(f) Submission of Order. If the opposition period expires without the timely filing of any opposition or other response and a request for hearing, the Movant must promptly upload a proposed order and comply with LBR 9013-10.

(g) Stay Pending Decision. The filing of a timely opposition or response to a notice of intended action will automatically stay the matter until after the hearing.

(h) LBR 9013 Motion. Upon the affirmative representation of counsel for the Movant that opposition to the notice of intended action is reasonably anticipated, a hearing date may be obtained from the Courtroom Deputy and the Movant may proceed as a motion under LBR 9013.