Local Rule Rule 9013-2: NOTICES OF PRESENTMENT WITH RESPECT TO CERTAIN APPLICATIONS

Rule 9013-2 NOTICES OF PRESENTMENT WITH RESPECT TO CERTAIN APPLICATIONS

(a) Notice of Motion upon Presentment and Opportunity for Hearing with Respect to Certain Motions, Applications, and Objections

(1) Use. Unless the Court orders otherwise, where it is anticipated that a motion, application, or objection of a type set forth below will be uncontested, the motion, application, or objection may be made upon notice of presentment conforming substantially to the appropriate form available on the Court's website at https://www.nysb.uscourts.gov/sites/default/files/9013-2_form_notice.docx:

(A) Application to confirm a sale pursuant to Local Bankruptcy Rule 6004-1;

(B) Application to avoid a judicial lien that impairs an exemption pursuant to section 522(f) of the Bankruptcy Code;

(C) Application for an examination pursuant to Bankruptcy Rule 2004 to the extent that the application is not granted ex parte;

(D) Application to approve a loan modification under Local Bankruptcy Rule 9019-2;

(E) Request for a post-confirmation order pursuant to Local Bankruptcy Rule 3021-1;

(F) Application in a chapter 7 case or a chapter 13 case to employ a professional person pursuant to section 327(a) of the Bankruptcy Code;

(G) Application for professional compensation for fees and costs not exceeding $1,000.00;

(H) Application for professional compensation for any remainder of an unpaid flat fee where the flat fee initially charged is less than $2,500.00; and

(I) Such other matters as the Court may specify in an individual case; provided, that this procedure may not be used with respect to applications or motions as to which the applicable Bankruptcy Rules and/or these Local Bankruptcy Rules require a hearing notwithstanding the absence of an objection.

(b) Notice. Unless the Court orders otherwise, notice of the presentment of an order pursuant to this subdivision must be filed with the Clerk and a copy must be delivered to the Judge's chambers and served upon the debtor, the trustee, each committee, the United States Trustee, all parties who have filed a notice of appearance and request for service of documents, and all other parties in interest. The notice must comport with the notice requirements under the applicable provisions of the Bankruptcy Code, Bankruptcy Rules, and Local Bankruptcy Rules that relate to the type of relief being sought.

(c) Objection; Opportunity for a Hearing. A written objection, if any, to the proposed order, together with proof of service, must be filed with the Clerk and a courtesy copy must be delivered to the Judge's chambers at least three (3) days before the date of presentment. Unless the Court orders otherwise, no hearing will be held absent the timely filing of an objection. If an objection has been timely filed, the Court will notify the moving and objecting parties of the date and time of any hearing.

(d) Submission of Proposed Order. The Court shall consider an application made by notice of presentment under this Local Bankruptcy Rule on or after the date of presentment. Any application made by notice of presentment under this Local Bankruptcy Rule must include a copy of the proposed order. If there has been no objection or hearing date scheduled, and the presentment date has otherwise passed, the moving party must promptly submit a copy of the proposed order to chambers.

(e) Hearings. The Court may schedule a hearing on any matter submitted for presentment to address any question or issue that the Court wishes to raise.

Comment This rule was added in 2024 and incorporates a portion of former Local Bankruptcy Rule 9074-1. It applies only to motions or applications of the types listed, and notice of such motions and applications must be made in accordance with the Bankruptcy Rules, Local Bankruptcy Rules, or any order of the Court.

Local Bankruptcy Rule 9013-3 adopts a "Certificate of No Objection" procedure that is intended to cover most of the situations in which "Notices of Presentment" were used under former Local Bankruptcy Rule 9074-1. The Court nevertheless has discretion under Local Bankruptcy Rule 9013-2(a) to permit the presentment procedure to be used with respect to additional types of motions or applications in an individual case. However, the presentment procedure is not available if any applicable provision of the Bankruptcy Code or the Bankruptcy Rules requires the Court to hold a hearing notwithstanding the absence of an objection, responsive pleading, or request for a hearing, such as a hearing on confirmation of a plan in a chapter 11 or chapter 13 case or a hearing on reaffirmation of a debt requested.