Local Rule LR 8.12 / LR 2083-6: Chapter 13 Motion and Notice Practice
Bankr. S.D. W.Va. — General rule
(a) All motions and applications in a Chapter 13 case shall be served in compliance with these local rules and the Rules of Bankruptcy Procedure. Where notice of a motion is required under Bankruptcy Rule of Procedure 2002, the movant shall file a proposed negative notice with the motion.
(b) An original proposed order shall be provided with motions for relief of matters identified in subpart (c) below. A copy of said motion and the original order must be submitted to the Chapter 13 Trustee at the time the motion is served. Within ten (10) days, the Trustee will submit the proposed order to the Court indicating the Trustee's acceptance or rejection of the motion. All motions to which the trustee objects will be set for hearing.
(c) The following relief may be granted without hearing upon the Chapter 13 Trustee's endorsement of the proposed order granting the requested relief:
Motions to Modify a Confirmed Plan that does not affect payout to unsecured creditors and where affected creditors have endorsed the proposed order; Motion to pay Trustee directly; Motion to vacate wage withholding orders; Application to employ professionals; Motion to Change Division Venue; Moratoriums on monthly payments that do not change the length of the plan; Motion to extend the time to file a plan; Any other matters where the rules do not require notice and hearing where the payout to creditors is not affected.