Local Rule RULE 9013-1: MOTION PRACTICE IN CASES AND ADVERSARY PROCEEDINGS

RULE 9013-1 MOTION PRACTICE IN CASES AND ADVERSARY PROCEEDINGS

(a) Requirements.

(1) The Clerk will not accept any motion for filing unless accompanied by a separate proposed order.

(2) Redemption rights cannot be waived in any motion or proposed order.

(3) Motions may not request more than one form of relief unless:

(i) Chapter 7 Case Exception for Combined Motion for Relief and Abandonment. In a Chapter 7 case, it is acceptable to combine into one motion a request for relief from the automatic stay and proposed abandonment.

(ii) Chapter 11 Case Exception. In a Chapter 11 case, it is acceptable for a motion to request more than one form of relief only if it adheres to the following requirements: (1) the caption of the motion clearly sets forth the different forms of relief requested; (2) if the motion requests alternative relief, appropriate alternative orders are tendered with the motion; and (3) the different forms of relief requested are directly related to one another.

(iii) In a case filed under Chapter 11, a motion may seek both conversion or dismissal.

(b) Motion for Expedited Relief or for an Emergency Hearing.

(1) The moving party of a motion for expedited relief or a motion for an emergency hearing must: (i) call the Clerk's office to notify the Court that a motion, pleading or other matter requires immediate attention; and (ii) include in the heading of the motion one of these two phrases – "EMERGENCY MOTION TO . . ." or "REQUEST FOR EXPEDITED HEARING"; and (iii) explain the basis for the expedited or emergency relief.

(2) Upon receipt of the motion, the Clerk's office will bring the motion, pleading or other matter to the attention of the Court as soon after it is filed as is practicable.

(3) If a hearing is to be set without sufficient time for notice, the parties will be notified by telephone of the hearing time and date.

(4) All inquiries regarding these motions should be directed to the Clerk's office.