Local Rule Rule 9013-1: Motions:; Form and Service.

Rule 9013-1. Motions:; Form and Service.

(a) Rule or statutory basis.

Each motion shall specify the rules and statutory provisions upon which it is predicated.

(b) Form and Service of Motion and Response; Limited Notice motions and responses; limited notice.

(1) Each motion shall specify the rules and statutory provisions upon which it is predicated.

(1) (2) When a motion or response is filed, at a minimum, the following persons or entities listed in section (2)(B) below shall be served unless otherwise specifically provided by the Federal Rules of Bankruptcy Procedure, these Local Rules, or by order of the court.

(2) (3) When limited notice is allowed by the Federal Rules of Bankruptcy Procedure or these Local Rules, it shall be in accordance with Miss. Bankr. L.R. 2002-1(m).

(A) In a chapter 7 case, notice shall be given to the debtor, the trustee, the United States Trustee, any court-approved committees, the counsel for each of the foregoing entities, and any other entities affected by the relief requested.

(B) In a chapter 11 case, to the extent limited notice is permitted under the Bankruptcy Rules, notice shall be given to the debtor, any court-approved committee, the twenty largest unsecured creditors if no official committee of unsecured creditors has been appointed, any chapter 11 trustee, the counsel for each of the foregoing entities, all parties who have filed a notice of entry of appearance, the United States Trustee, and any other entities affected by the relief requested.

(C) In a chapter 12 or 13 case, notice shall be given to the debtor, debtor's counsel, the chapter 12 or 13 trustee, the United States Trustee and any other entities affected by the relief requested.

(D) Whenever a pleading governed by Miss. Bankr. L.R. 9013-1 is to be served on the United States, or an officer or agency thereof, the service provisions of Fed. R. Bankr. P. 7004(b)(4)-(b)(5) apply.

(c) Objections.

Except for motions made in open court, any objection to a motion shall be made in writing and conform to Miss. Bankr. L.R. 9004-1(b), be filed pursuant to Miss. Bankr. L.R. 5005-1(a)(2)(D) and be served as provided in Miss. Bankr. L.R. 9013-1(b)(1).

(d) Failure to file Responsive Pleading.

If a response is not timely filed, the court may enter an order granting the relief requested prior to hearing and may remove the motion or application from the court calendar unless leave to file a late response is granted.

(e) Submitting of Order or Judgment.

After hearings held in the court, the prevailing party shall submit an order or judgment, consistent with the court's ruling, within 14 days of the hearing or such other time as the court may direct, for the court's approval and entry. For settlement announcements prior to a scheduled hearing date, the related order or judgment shall be submitted within 14 days after the scheduled hearing date or such other time as the court may direct. Except as otherwise directed by the court, prior to submitting the order or judgment to the court, the prevailing party shall submit to all parties appearing at the hearing who filed responsive pleadings related to the subject of the motion or hearing the order for their signature indicating approval as to form. Parties to whom the order or judgment has been submitted shall promptly sign it or promptly contact the party who drafted it to express any objection to the form of the proposed order or judgment. The parties shall attempt to resolve any differences in the form of the order or judgment before submitting competing orders or judgments to the court.

(f) Expedited or emergency matters.

(1) Motion for Expedited or Emergency Hearing.

A request for hearing on an expedited or emergency basis shall be made by contacting the courtroom deputy, stating the reason the matter should be considered on an expedited or emergency basis. Counsel for the movant shall immediately thereafter notify counsel for the respondent of the emergency hearing setting. "Expedited basis" or "emergency basis" is defined as any hearing within 14 days of the filing of the motion on which the emergency hearing is requested.

(2) Response to Expedited or Emergency Matters.

A response to a motion or application set on an expedited or emergency basis and/or seeking expedited or emergency hearing may be filed until and including the date of the hearing, unless otherwise ordered by the court. The respondent must serve the response on the opposing counsel as soon as possible by facsimile and/or email and must file the original response with the court in accordance with Miss. Bankr. L.R. 9013-1(c).

(3) First Day Motions in Chapter 11 Cases.

First Day Motions as defined in subpart (g) which are of an expedited or emergency nature shall comply with this rule.

(g) First Day Motions in Chapter 11 Cases. Procedure.

(1) Definition.

Any motion or application in which the debtor requests a hearing or the entry of an order on an expedited basis as defined in Miss. Bankr. L.R. 9013-1(f) prior to the earlier of the creditors' committee formation meeting or the 11 U.S.C. § 341 meeting of creditors ("First Day Motions") shall be governed by this Local Rule.

(2) Scope of Relief Requested.

Requests for relief under this rule shall be confined to matters of genuine emergency required to preserve the assets of the estate and to maintain ongoing business operations and such other matters as the Court may determine appropriate.

(3) Notice to the United States Trustee and Certain Other Parties.

Once a petition is filed and the case is assigned to a bankruptcy judge, counsel for the debtor shall contact the judge's chambers to schedule a hearing on those applications and motions as soon as reasonably possible. Counsel for the debtor shall prepare and file a notice of hearing identifying the matters on which the debtor asks to be heard under this rule. The debtor shall serve the notice of hearing, all motions, applications, and proposed orders (as required by Miss. Bankr. L.R. 5005-1(a)(2)(D)(i)) to be heard (in substantially final form) upon the United States Trustee, the creditors included on the list filed under Fed. R. Bankr. P. 1007(d) and any party directly affected by the relief sought in such applications and motions, at least twenty-four (24) hours in advance of a hearing on such applications, motions, and proposed orders, unless otherwise ordered by the Court, and shall file a certificate of service to that effect within forty-eight (48) hours.

(4) Notice of Entry of Orders.

Within forty-eight (48) hours of the entry of an order entered under this rule ("First Day Order"), the debtor shall serve copies of all motions and applications filed with the Court as to which a First Day Order has been entered, and any First Day Orders entered, on those parties referred to in Miss. Bankr. L.R. 9013-1(g)(3), and such other entities as the court may direct, and shall file a certificate of service to that effect within forty-eight (48) hours.