Local Rule LR 8.01 / LR 9013-1: Motion and Notice Practice Generally

(a) Main bankruptcy case Motions in main bankruptcy cases are governed by Part IX of the Bankruptcy Rules, as supplemented by these Local Rules.

(b) Adversary proceedings Motions in adversary proceedings are governed by the Federal Rules of Civil Procedure to the extent made applicable by Parts VII and IX of the Bankruptcy Rules.

(c) Papers to accompany motions Each motion filed with the Clerk shall be accompanied, where applicable, by the following papers: 1. A proposed order which, if entered by the Court, would grant the relief sought by the motion; 2. A notice, [See LR9013(d)]; 3. A certificate of service required by these Rules or the Bankruptcy Rules which states the name and address of every party served and the method by which service was obtained, provided that if the entire creditor body is served, the certificate of service may recite service on "all creditors listed on the mailing matrix on file in the Bankruptcy Clerk's Office as of (date)."

(d) Notices There are generally two types of notices in a bankruptcy case. First is a hearing notice which states with particularity the nature of the pleading and relief sought and which sets forth a date on which a hearing will be held, and, if applicable, a date on which to file any objections thereto. The other type of notice is a "negative notice." A negative notice sets forth with particularity the nature of the pleading and relief sought and provides that an order may be entered granting the relief requested unless a written objection is filed within ______ days of the date of the mailing of the notice.

The BANCAP system generates most notices of hearing on routine motions and applications. However, a movant must prepare a notice for the following:

1. Notice of Motion to Compromise - The movant is require to prepare a twenty (20) day negative notice and file it with the Clerk who shall serve it in accordance with Bankruptcy Rule 2002(a).

2. Notice of Proposed Use, Sale, or Lease of Property - The seller is required to prepare a twenty (20) day negative notice which contains the terms as set forth in Bankruptcy Rule 2002(c) and file it with the Clerk who shall serve it in accordance with Bankruptcy Rule 2002(a). The notice shall be single spaced and ordinarily no longer than one page in length.

3. Notice of Motion to Sell Free and Clear of Liens and Other Interests Pursuant to Bankruptcy Rule 6004(c) - the movant has the discretion to either file a motion to sell free and clear of liens which requests that a hearing on the motion be scheduled, or file a motion and negative notice (see below). -If the movant selects the latter option, he is required to prepare a twenty (20) day negative notice which contains the terms as set forth in Bankruptcy Rule 2002(c) and which contains blanks for the hearing date, time, and place, if an objection or request for hearing is filed. Such notice shall be filed with the Clerk, along with the motion to sell free and clear of liens or other interests.

4. Notice of Motion for Relief from Automatic Stay (Chapter 7) - The movant shall prepare a fifteen (15) day negative notice and serve it on the parties as set forth in Local Rule 4001-1(a).

5. Notice of Motion for Relief from Automatic Stay; Notice of Preliminary Hearing (Chapter 11) - Movant shall prepare a hearing notice in conformance with Local Rule 4001-1(c) and file it with the Clerk who shall serve it on all parties listed on the debtor's mailing matrix.

6. Notice of Motion for Redemption - Counsel for the debtor shall prepare a twenty (20) day negative notice and serve it on the affected creditor(s) in accordance with Local Rule 6008-1.

7. Notice of Motion to Avoid Lien - Counsel for the debtor shall prepare a twenty (20) day negative notice and serve it on parties set forth in Local Rule 4003-2.

(e) Withdrawal of motion by notice.

When a motion has been filed with the Court, but the relief requested is no longer necessary or desired and the Court has not acted on it, the movant shall file and serve on affected parties a notice of withdrawal of motion. If a hearing on the motion has been scheduled, the movant shall notify the Clerk by telephone of the filing of the notice to withdraw, whereupon the hearing can be removed from the Court's docket and the movant is excused from its obligation to appear.

(f) Construction For the purpose of these local rules, a party is not deemed to be "affected" by the relief sought or the action sought to be taken solely because such party is the holder of an unsecured claim against or equity interest in the debtor.

Cross reference Appendix F, Form No. 1 - Notice of Hearing; Form No. 2 - Negative Notice; and Form No. 3 - Notice of Proposed Compromise General Order 98-01, Forms 20A and 20B