Local Rule 9013-4: Hearings and Hearing Dates

9013-4. Hearings and Hearing Dates. Certain motions require a notice of hearing in every instance (LBR 9013-4(a)). Hearings on all other motions and on notices of intended action are set only upon request of the Movant or respondent (LBR 9013-4(b)). In all instances, hearing dates must be requested from the Courtroom Deputy. A judge may, in the judge's discretion, decide a motion without oral argument even if a hearing date was assigned.

(a) Hearing Required (Movant Requests Hearing). This rule governs any motion or application where the Movant requests a hearing date or an actual hearing is required by the Bankruptcy Code or FRBP including, but not limited to, the following motions and applications: (1) motion for conversion of chapter 7, 11, or 12 case by other than the debtor; (2) motion for dismissal of a case by other than the debtor, except as otherwise provided in LBR 2002-2(a)(1) and 3015-1(c); (3) motion for approval of a chapter 11 disclosure statement; (4) motion for confirmation of a chapter 11 plan; (5) motion for modification of a chapter 9 or 11 plan; (6) motion for modification of a chapter 12 or 13 plan post-confirmation; (7) application for allowance of compensation or reimbursement of expenses in excess of $1,000 as provided in FRBP 2002(a)(6) and 2016 and LBR 2016, except as otherwise allowed by LBR 2014-2(a); (8) motion to appoint a trustee or examiner in a chapter 11 case; (9) motion to extend automatic stay under 11 U.S.C. § 362(c)(3)(B); (10) motion for order imposing automatic stay under 11 U.S.C. § 362(c)(4)(B); (11) motion to extend time within which to object to discharge under § 727 or to object to the dischargeability of a debt under § 523; (12) motion to extend the debtor's exclusive time to file and confirm a chapter 11 plan; (13) motion to approve a loan modification; (14) motion to avoid liens under 11 U.S.C. § 522(f); (15) motion to value real property, treat claim as unsecured, and avoid junior lien; (16) application for order to show cause regarding contempt under FRBP 9020; (17) motion for approval of applications to employ counsel or other professionals filed more than 30 days after the petition date or employment date, as relevant; (18) all motions filed in an Adversary Proceeding governed by Part VII of the Bankruptcy Rules; (19) motion for remand; (20) motion under LBR 7041-2(b); and (21) other matters as the Court directs, the Bankruptcy Code or Bankruptcy Rules provide, or the Movant desires. The following Notice of Hearing forms should be used for motions and applications described in this section as applicable: CSD 1181 (All Creditors), CSD 1181A (Exhibit A to 1181 required with fee notices), CSD 1183 (Less than all creditors), CSD 3015, (Adversary Proceedings), CSD 1171.1 (Value Property), CSD 1149, (Approval of Disclosure Statement/Plan), CSD 1158 (Impose/Extend Stay), and CSD 1173 (Objection to Ch. 13 Plan).

(b) Hearing upon Request.

(1) Notice of Intended Action and Opportunity for Hearing (Respondent Requests Hearing). A party in interest may initiate a request for relief through a notice of intended action as set forth in LBR 2002-2. A Notice of Intended Action and Opportunity for Hearing form, CSD 1180, is available for use.

(2) Motions on Negative Notice (Respondent Requests Hearing). Unless otherwise provided in the Bankruptcy Rules or Local Bankruptcy Rules, a motion, application, or objection should be noticed with an opportunity for hearing upon respondent's request.

(3) The Movant also may request a hearing on any motion or application. Any party who is permitted to give only LBR 9013-4(b)(1) or (2) notice may nevertheless request a hearing date be set for the motion or application upon a representation to the Court that opposition is expected or that a hearing otherwise is required. The following Notice of Motion or Notice of Objection forms should be used as applicable: CSD 1182 (Blank Description), CSD 1027 (Exemption re: Credit Counseling), and CSD 1140 (Debtor's Claim of Exemption).