Local Rule Rule 9013-3: CERTIFICATE OF NO OBJECTION

Rule 9013-3 CERTIFICATE OF NO OBJECTION

(a) Filing a Certificate of No Objection. If a motion or application has been filed and appropriate notice thereof has been served, and no objection, responsive pleading, or request for a hearing with respect to the motion or application has been filed or served before forty-eight (48) hours after the expiration of the time to file an objection, counsel for the moving party may file a certificate of no objection ("CNO"), with a copy to chambers, stating that no objection, responsive pleading, or request for a hearing has been filed or served on the moving party. The CNO must include the date of the filing and service of the motion or application, the deadline for filing an objection thereto, and a statement that counsel is filing the CNO not less than forty-eight (48) hours after the expiration of such deadline.

(b) Representations to the Court. By filing the CNO, counsel for the moving party represents to the Court that the moving party is unaware of any objection, responsive pleading, or request for a hearing with respect to the motion or application, that counsel has reviewed the Court's docket not less than forty-eight (48) hours after expiration of the time to file an objection, and that no objection, responsive pleading, or request for a hearing with respect to the motion or application appears thereon.

(c) Entry of Order and Cancellation of Scheduled Hearing. Unless an individual debtor not represented by an attorney is a party in the proceeding, or a hearing is required under the Bankruptcy Code or Bankruptcy Rules notwithstanding the absence of an objection, responsive pleading, or request for a hearing, upon receipt of the CNO, the Court may enter the order accompanying the motion or application without further pleading or hearing. If the Court enters the requested order following the filing of a CNO, but before the scheduled hearing date, then the hearing scheduled on the motion or application shall be cancelled. However, a hearing will proceed as scheduled following the filing of a Certificate of No Objection unless the Court has entered the requested order or the Court informs the parties that a hearing is not necessary.

Comment This rule was added in 2013 and renumbered and revised in 2024 to provide a procedure for counsel to inform the Court that no timely objection, responsive pleading, or request for a hearing has been filed or served and to request that the Court enter the proposed order without a hearing. It applies only in situations where appropriate notice of a motion has been given in accordance with the Bankruptcy Rules, Local Bankruptcy Rules, or order of the Court. This procedure is not available if the Court is required 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 by an individual debtor not represented by counsel.

The rule is intended to replace most of former Local Bankruptcy Rule 9074-1, which provided for the use of notices of presentment in certain cases where a hearing was not required, or where notice was required but a motion was not mandatory. There has been widespread confusion as to the circumstances under which those portions of Local Bankruptcy Rule 9074-1 were applicable and the amounts of notice required for particular motions. Instead of modifying the way that motions and applications are made, Rule 9013-2 just provides that a hearing may be cancelled if the applicable rules do not require a hearing, there is no objection and the Court has no questions or issues to raise with the parties.