Local Rule Local Rule 9013-1: Pleadings, Hearings, and Service.

Local Rule 9013-1. Pleadings, Hearings, and Service.

(a) Pleadings must include a title that identifies the party filing the pleading and a brief description of the nature of the pleading. Example: XYZ Finance Company Motion for Relief from the Stay for 2003 Ford Explorer. Responses, other pleadings, and proposed orders filed after the initial motion should state the title and the docket number of the motion to which it applies. Example: Joe Debtor Response to XYZ Finance Company Motion for Relief from the Stay for 2003 Ford Explorer (docket 17).

(b) Except as noted in (e), each pleading seeking an order must include this immediately below the title:

This motion seeks an order that may adversely affect you. If you oppose the motion, you should immediately contact the moving party to resolve the dispute. If you and the moving party cannot agree, you must file a response and send a copy to the moving party. You must file and serve your response within 21 days of the date this was served on you. Your response must state why the motion should not be granted. If you do not file a timely response, the relief may be granted without further notice to you. If you oppose the motion and have not reached an agreement, you must attend the hearing. Unless the parties agree otherwise, the court may consider evidence at the hearing and may decide the motion at the hearing.

Represented parties should act through their attorney.

(c) Movants should check the individual judge's web page to determine whether the motion may be self-calendared. If the motion may be self-calendared, this language must be added at the end of the notice:

There will be a hearing on this motion on [date] at [time] in courtroom _____, [address].

(d) In addition to service required by the FED. R. BANKR. P., and except as noted in (e), the movant must serve the entities with pleadings requesting an order, notices, and hearing settings:

Main case Party against whom relief is sought and its counsel, if known; Debtors; Debtors' counsel; Trustee, if one has been appointed; Examiner, if one has been appointed; Committees, if any have been appointed; Parties who have filed a notice of appearance; Twenty largest unsecured creditors; Parties claiming an interest in any property that is affected by the motion; Parties claiming a lien on any property that is affected by the motion; United States trustee; Parties on whom the court has ordered notice.

Adversary Proceedings Parties to the proceeding.

(e) The notice language, hearing settings, and service requirements for the following matters are governed by the rules noted, instead of BLR 9013-1(a-d):

Claim Objections, Rule 3007 Motions for Relief from Stay, Rule 4001 Employment Applications, Rule 2014 and Rule 9003 Pro Hac Vice Applications, Rule 9003

(f) Whenever service of a pleading, notice, or other document is required under these rules or the Federal Rules of Bankruptcy Procedure, the serving party must serve it no later than the next day after the pleading is filed. The serving party must file a certificate of service including the name and address of those served.

(g) Responses to Motions.

(1) Responses to motions to lift the automatic stay are governed by BLR 4001-1. Responses to all other motions are governed by FED. R. BANKR. P. 7008. Prior to filing a response, counsel (or unrepresented parties) shall confer with movant to attempt to resolve the relief requested in the motion without the necessity of a hearing. Responses must include a certificate either that (i) a conference was held and that the parties were unable to resolve the matter; or (ii) the specific dates that the respondent attempted to contact the movant and the reason why no conference was held.

(2) If no timely response is filed, the court may grant the motion without a hearing.

(h) Each motion, application, objection, and response filed with the court must be accompanied by a proposed order.

(i) Some judges allow self-calendaring of emergency motions through the judge's web page. If self-calendaring is not authorized, requests for emergency hearings may be made in the pleading requesting the relief. No separate motion requesting an emergency hearing is required. The emergency motion must contain the word "Emergency" in the title of the motion. The motion must include a detailed statement why an emergency exists, and the date relief is needed to avoid the consequences of the emergency. The motion seeking an emergency hearing must be certified for its accuracy by the party seeking the emergency relief or by its counsel.

In addition to the notice required by BLR 9013-1(b), the movant must include the following paragraph:

Emergency relief has been requested. If the Court considers the motion on an emergency basis, then you will have less than 21 days to answer. If you object to the requested relief or if you believe that the emergency consideration is not warranted, you should file an immediate response.