Local Rule Rule 9074-1: SUBMISSION OR SETTLEMENT OF AN ORDER, JUDGMENT, OR DECREE

Rule 9074-1 SUBMISSION OR SETTLEMENT OF AN ORDER, JUDGMENT, OR DECREE Unless the Court orders otherwise, if, following a hearing or decision, the Court directs a party to submit or settle an order, judgment, or decree, the party, within fourteen (14) days of the issuance of the Court's ruling, must deliver the proposed order, judgment, or decree directly to the Judge's chambers upon not less than two (2) days' notice to all parties to the adversary proceeding or contested matter, except that such notice period shall not apply if all parties to the adversary proceeding or contested matter have consented in writing to the proposed order, judgment, or decree. Failure to submit or settle an order, judgment, or decree within the fourteen (14) day period may result in the imposition of sanctions, including, without limitation, (i) dismissal for failure to prosecute or (ii) an award of attorney's fees. One (1) day's notice is required of all counterproposals. Unless the Court orders otherwise, no proposed or counter-proposed order, judgment, or decree submitted or settled pursuant to this rule shall form a part of the record of the case, adversary proceeding, or contested matter.

Comment This rule is derived from former Local Bankruptcy Rule 9074-1(a) and is an adaptation of Civil Rule 77.1 of the Local District Rules. It applies to the settlement of orders, judgments, and decrees following a hearing or decision.

Other provisions of former Local Bankruptcy Rule 9074-1 regarding the use of notices of presentment in situations in which "notice and a hearing" are not required, or in situations in which "notice" is required but a motion is not requires, have been eliminated and have been replaced by the provisions of new Local Bankruptcy Rules 9013-2 and 9013-3. There was widespread confusion as to the circumstances under which Local Bankruptcy Rule 9074-1 was applicable and whether it modified the notice requirements set forth in other Bankruptcy Rules. Local Bankruptcy Rule 9013-2 lists the types of applications or motions for which a "presentment" procedures is permissible, and new Local Bankruptcy Rule 9013-3 prescribes a "certificate of no objection" procedure for most motions or applications that are unopposed.