Local Rule LBR 9013: Motion Practice
Bankr. W.D. Mich. — General rule
LBR 9013: Motion Practice
(a) Scope. This Rule applies to relief requested pursuant to Fed. R. Bankr. P. 9013 and 9014 regardless of how the request is made.
(b) Ex Parte Relief. If the requested ex parte relief may be granted without a hearing and without prior notice, the movant may file the motion and proposed order with a request that the order be signed.
(c) Notice with Opportunity to Object. A party seeking relief with notice and an opportunity to object must follow the procedures set forth in this subsection unless the Code, the Federal Rules of Bankruptcy Procedure, or these Rules provide otherwise, or the Court otherwise directs.
(1) Documents Filed with Motion. The following documents must be filed with any motion under subparagraph (c):
(A) A notice to the debtor and all other parties upon whom service is required that states that the party served has 14 days (21 days for matters under Fed. R. Bankr. P. 2002(a) and 2016; and 30 days for objections to claims) from the date of service to file and serve a response or request for a hearing, or both. In either event, the response must include the specific reasons for objecting or for requesting a hearing;
(B) A copy of the proposed order; and
(C) Unless otherwise excepted by these Rules, a proof of service indicating the parties served and the date and manner of service.
(2) No Response Filed. The Court may grant relief without a hearing if no timely response or request for hearing is filed. The movant may file a certification stating that no timely response or request for hearing has been filed only after the deadline for response has passed, including the addition of days to the deadline in order to comply with Fed. R. Bankr. P. 9006(a) and (f). On receipt of the certification, the Court may sign the proposed order, require the moving party to prepare a new proposed order, draft and enter its own order, or schedule a hearing.
(3) Response Filed. If a timely response or request for hearing is filed or if the Court has directed that a hearing be held, the Clerk will schedule a hearing on the motion and prepare a notice of hearing for the movant to serve on all required parties.
(4) When "Notice and Opportunity" Procedures May Not be Used. Except as provided in subparagraph (d), the procedures set forth in this Rule may not be used for plan confirmation hearings, disclosure statement approval hearings, dismissal or conversion hearings, or hardship discharge hearings.
(5) Court to Set Hearings if Notice Not Filed With Motion. If the moving party does not simultaneously file with the motion the notice described in LBR 9013(c)(1)(A), the Court will schedule a hearing on the motion in the ordinary course, and will regard the moving party as having waived the expedited procedure described in LBR 9013(c).
(d) Dismissal Motions by Chapter 13 Trustee. A Chapter 13 trustee's motion to dismiss the case must state with particularity the grounds for dismissal (e.g., a debtor's failure to make timely payments). The motion may be served pursuant to subparagraph (c). The debtor or debtor's attorney must file and serve on the Chapter 13 trustee any response or request for hearing within 30 days of when the trustee served the motion to dismiss. The response filed by the debtor or debtor's attorney must state with particularity the good faith reasons for opposing the motion and for believing that dismissal will not occur if a hearing is held.
(1) Remedy if Proper Response Not Filed. If the debtor or debtor's attorney does not file a proper response or request for hearing within 30 days of the date the trustee served the motion to dismiss, the trustee may file a certification stating that no timely response or request for hearing has been filed together with a proposed order to dismiss. The Court may then dismiss the case without further hearing.
(2) Hearing Date if Timely Response Filed. If a debtor or debtor's attorney files a timely response or request for hearing, the Court will either hear the motion as already noticed or schedule a hearing.
(e) Dismissal Motions by United States Trustee Under § 707(a). A motion to dismiss by the United States Trustee brought under § 707(a) based on the debtor's failure to file the schedules and statements required by § 521(a)(1) and Fed. R. Bankr. P. 1007(b)(1)(A)-(D) may be served pursuant to subparagraph (c). The debtor or debtor's attorney must file and serve on the United States Trustee any response or request for hearing within 30 days of when the United States Trustee served the motion to dismiss. The response filed by the debtor or debtor's attorney must state with particularity the good faith reasons for opposing the motion and for believing that dismissal will not occur if a hearing is held.
(1) Remedy if Proper Response Not Filed. If the debtor or debtor's attorney does not file a proper response or request for hearing within 30 days of the date the United States Trustee served the motion to dismiss, the United States Trustee may file a certification stating that no timely response or request for hearing has been filed together with a proposed order to dismiss. The Court may then dismiss the case without further hearing.
(2) Hearing Date if Timely Response Filed. If a debtor or debtor's attorney files a timely response or request for hearing, the Court will either hear the motion as already noticed or schedule a hearing.
(f) Procedure for Contested Motions. For all motions not filed pursuant to subparagraph (c), the Clerk will schedule the matter for hearing. Absent good cause, a party filing a brief or response to a motion must file and serve its brief or response at least 7 days before the scheduled hearing.
(g) Combined Motions Prohibited. Except as otherwise provided in these Rules, every request for an order from the Court must be filed in a separate motion. However, requests for alternative relief may be contained in one motion.
(h) Request for Emergency Hearing. An "emergency" is a matter that requires a hearing in less than 7 days, and that involves an injury which outweighs procedural concerns. If a motion requires an emergency hearing, a separate motion for the emergency hearing must be filed. The motion for emergency hearing must contain the following:
(1) sufficient information for the Court to schedule an emergency hearing (e.g., why relief is needed immediately and why affected parties will not be prejudiced if a hearing is held with only limited notice);
(2) a certificate of service; and
(3) a proposed order scheduling the hearing, with blank spaces for the date, time, and location of the hearing and for the manner and deadline for giving notice of the hearing.
The moving party must telephone the presiding Judge's chambers to promptly advise the Court staff that a request for an emergency hearing has been filed. Nothing in this Rule precludes the Court from utilizing different procedures for scheduling emergency hearings.
(i) Request for Expedited Hearing. If a motion requires a hearing on shortened notice but is not an emergency, a motion to shorten notice or to schedule an expedited hearing must be filed in accordance with Fed. R. Bankr. P. 9006(c). The request for expedited hearing must be accompanied by a proposed order.