Local Rule 7007-1: Motion Practice in Adversary Proceedings

Local Rule 7007-1 Motion Practice in Adversary Proceedings

(a) General Requirements. All motions in adversary proceedings, unless made in a hearing or trial, shall state with particularity the facts supporting the motion and shall state the relief requested. Any brief or memorandum in support of the motion shall state the relief requested and shall be filed in accordance with Local Rule 9013-2.

(b) Objection to Entry of Final Orders and Judgments by the Bankruptcy Court. Not later than 14 days before the earlier of the date set for the pre-trial conference or hearing on dispositive motions, each party objecting to the entry of final orders or judgments by the court on any issue in a proceeding, whether or not designated as "core" under 28 U.S.C. § 157(b), shall file with the court a motion requesting that this court determine whether the proceeding is a core proceeding or otherwise subject to the entry of final orders or judgments by this court. Any such motion shall be treated as an objection to the entry of final orders or judgments by this court. FAILURE OF ANY PARTY TO FILE A MOTION ON OR BEFORE THE DEADLINE PROVIDED IN THIS PARAGRAPH SHALL CONSTITUTE CONSENT BY SUCH PARTY TO THIS COURT ENTERING ALL APPROPRIATE FINAL ORDERS AND JUDGMENTS IN THE PROCEEDING. Nothing in this paragraph limits the court's ability to determine on its own whether a proceeding is a core proceeding under 28 U.S.C. § 157(b)(3) or otherwise subject to entry of final orders or judgments by this court.

(c) Time Frames for the Filing of Responses, Replies, and Surreplies. Responses to a motion, if any, shall be filed at least 7 business days prior to the hearing on such motion unless required earlier pursuant to court order. A reply to the response to the motion, if any, shall be filed at least 3 business days prior to the hearing on the motion. Surreplies, if any, shall be filed at least 1 business day (i.e., at least 24 hours) prior to the hearing. These time frames shall not apply to no protest notice motions pursuant to Local Rule 9013-1(e) or emergency motions. Briefs, if any, shall be filed in accordance with Local Rule 9013-2.

(d) Hearings on Motions. Hearings shall be scheduled so that opposing counsel has an opportunity to respond to the motion in accordance with this local rule. Each motion shall be accompanied by a separate notice of the time, date, and place of the hearing on the motion in accordance with Local Rule 9013-1.