Local Rule 9013-1: Motion Practice

Local Rule 9013-1 Motion Practice

(a) Service on Trustee and Attorney for Debtor-in-Possession. Any and all filings, except claims, in all proceedings and cases must be served on the trustee for the debtor, including the standing Chapter 13 trustee, whether or not the trustee is a party to the proceeding. In Chapter 11 cases, the attorney for the debtor-in-possession is to be served in like manner. Service upon the Chapter 13 trustee shall be by electronic means only.

(b) Service on Bankruptcy Administrator. Any and all motions and applications in Chapter 7 and Chapter 11 cases, and motions or notices requesting conversion to or from these chapters, must be served on the Bankruptcy Administrator. Parties should confirm service on the Bankruptcy Administrator via CM/ECF and, in the absence of such service by CM/ECF, should serve the Bankruptcy Administrator via U.S. mail and file a supplemental certificate of service.

(c) Certificate of Service. Each pleading or document to be served on any party shall be accompanied by a certificate of service. The certificate of service shall indicate the names and addresses of the specific parties served.

(d) Hearings.

(1) Information about the court's hearing schedules can be found on its website (www.ncwb.uscourts.gov). Parties may choose a hearing date for the appropriate division, chapter, presiding judge, and required notice period from the monthly calendars posted on the court's website; however, parties must obtain a special setting from the court for hearings that may take longer than 30 minutes. Parties should include counsel for all parties in interest, including the Bankruptcy Administrator in Chapter 11 cases, when requesting a special setting. Any scheduling and/or evidentiary issues should be discussed by the parties and raised to the court as soon as possible and no later than one week prior to a special setting. The court may also set matters on its own initiative.

Once noticed, a hearing may not be unilaterally rescheduled without permission of the court. The court freely grants continuances, provided that the consent of all affected parties has been obtained and the court is notified in a timely fashion.

(2) Absent emergency circumstances, first-day hearings shall be scheduled by contacting chambers via email following the filing of a petition in a new case. The Bankruptcy Administrator and counsel for any creditor claiming an interest in cash collateral (or other direct interest in the matters to be heard), to the extent that counsel for any such party is known, shall be copied on correspondence regarding the requested hearing date.

(e) No Protest Motions. A hearing on those motions listed below may be noticed no protest to the parties consistent with the Federal Rules of Bankruptcy Procedure. The no protest notice must specifically advise any interested party that it must file and serve any response, including an objection or request for a hearing, within the 14-day period (or longer period of time specified below) from service of the notice, and that if no hearing is requested, the court may decide the matter on the record before it. The notice should be substantially consistent with Local Form 1 ("Notice of Opportunity for Hearing"). A hearing shall be requested by filing and serving a response, including an objection and request for hearing, within 14 days (or longer period of time specified below) of the date of the service of the no protest notice. The following is the exclusive list of motions that may be noticed by the use of no protest notices and determined by the court without a hearing unless a hearing is specifically requested:

(1) Motions to use, sell, or lease property pursuant to 11 U.S.C. § 363(b)(1), except for sales of all or substantially all of the assets in a Chapter 9, 11, or 13 case, provided however, the minimum time period for notice of a hearing on a motion to use, sell, or lease is 21 days pursuant to Federal Rule of Bankruptcy Procedure 2002(a)(2);

(2) Subject to the provisions of Federal Rule of Bankruptcy Procedure 6007, motions to abandon property of the estate by a trustee or debtor-in-possession pursuant to 11 U.S.C. § 554;

(3) Motions to assume executory contracts or leases pursuant to 11 U.S.C. § 365, if the other parties to the contract or lease stipulate to the assumption;

(4) Motions pursuant to 11 U.S.C. § 365 to reject executory contracts or leases, except collective bargaining agreements pursuant to 11 U.S.C. § 1113;

(5) Motions to avoid liens pursuant to 11 U.S.C. § 522(f);

(6) Motions for relief from stay pursuant to 11 U.S.C. § 362;

(7) Applications to pay compensation of professional persons, including applications pursuant to 11 U.S.C. § 506(b);

(8) Motions to change venue of a case or proceeding to another division within this district;

(9) Motions to obtain post-petition credit in Chapter 13 cases;

(10) Objections to claims, provided however, the minimum time period for notice of a hearing on an objection to claim is 30 days pursuant to Federal Rule of Bankruptcy Procedure 3007;

(11) Motions for relief from the co-debtor stay provided in 11 U.S.C. §§ 1201 and 1301;

(12) Motions for approval of final report and account of trustee, application for commission and reimbursement of trustee expenses, application to disburse funds of the estate, application to abandon, and to discharge trustee; provided however, the minimum time period for notice of a hearing on this type of motion is 30 days pursuant to Federal Rule of Bankruptcy Procedure 5009;

(13) Motions to modify Chapter 13 plans, provided however, the minimum time period for notice of a hearing on a motion to modify is 21 days pursuant to Federal Rule of Bankruptcy Procedure 2002(a)(5);

(14) Motions or applications to approve security interests as set forth in Local Rule 2016-1(d);

(15) Motions for moratoriums in Chapter 13 cases;

(16) Motions to amend exemption elections;

(17) Motions to approve settlements, provided however, the minimum time period for notice of a hearing on a motion to approve a settlement (unless the settlement is pursuant to Federal Rule of Bankruptcy Procedure 4001(d)) is 21 days pursuant to Federal Rule of Bankruptcy Procedure 2002(a)(3);

(18) Motions to replace a debtor's current counsel with new counsel pursuant to Local Rule 2091-1(c);

(19) Motions for continuation of the automatic stay, requests for confirmation that the automatic stay has been terminated or did not go into effect under 11 U.S.C. § 362(c) and (j), and motions to confirm the § 362(b)(22) exception to the automatic stay pursuant to Local Rule 1002-3;

(20) Motions to redeem;

(21) Motions to bifurcate;

(22) Motions to extend time to object to discharge and dischargeability;

(23) Motions to extend time to object to exemption elections;

(24) Motions for entry of discharge in Chapter 13 cases;

(25) Motions of a Chapter 13 trustee to set liability of the debtor to pay claims;

(26) Motions of a Chapter 13 trustee for determination of claims;

(27) Motions to waive appearance at a § 341 meeting of creditors in cases filed using a power of attorney filed in accordance with Local Rules 2003-1(d) and 5005-2;

(28) Motions to convert a Chapter 7 case pursuant to 11 U.S.C. § 706(a); and

(29) Motions for order declaring lien satisfied pursuant to Federal Rule of Bankruptcy Procedure 5009(d).

(f) Ex Parte Motions. The following is a non-exhaustive list of motions that may be brought, subject to the discretion of the court, on an ex parte basis. Upon entry of an order granting any relief requested on an ex parte basis, the movant shall promptly thereafter provide notice of the entry of the order in accordance with the Federal Rules of Bankruptcy Procedure. Any party shall be entitled to request a hearing or to request that the court reconsider any ex parte relief upon a request filed within 14 days of service of notice of the entry of ex parte relief.

(1) Motions that may be considered on an ex parte basis pursuant to the Federal Rules of Bankruptcy Procedure, including motions for enlargement of time pursuant to Rule 9006(b);

(2) Motions to reopen a case so long as the relief requested is limited to (i) reopening the case; (ii) reopening the case in order to file a financial management certificate and obtain issuance of a discharge; or (iii) reopening the case and waiving the filing fee where the motion is in aid of the debtor's discharge;

(3) Motions for an additional 30 days within which to answer or respond to a complaint pursuant to Federal Rule of Bankruptcy Procedure 7012;

(4) Motions to waive the electronic filing requirement pursuant to Local Rule 1002-2(b);

(5) Motions to appear as counsel for a pro se debtor pursuant to Local Rule 2091-1(c);

(6) Motions to refund a filing fee pursuant to Local Rule 1006-1(a);

(7) Motions to waive filing fees pursuant to Local Rule 1006-1(b);

(8) Applications to employ professionals, including applications to employ an attorney or an accountant filed on behalf of a trustee or debtor-in-possession;

(9) Motions to restrict access to unredacted documents pursuant to Local Rule 9037-1;

(10) Motions for a Federal Rule of Bankruptcy Procedure 2004 Examination pursuant to Local Rule 2004-1;

(11) Motions for exemption from credit counseling and declarations of exemption from credit counseling;

(12) Motions to close Chapter 11 cases of individual debtors pending satisfaction of 11 U.S.C. § 1141(d)(5);

(13) Motions to continue a § 341 meeting of creditors pursuant to Local Rule 2003-1(b);

(14) Motions to conduct a § 341 meeting of creditors by any means other than in-person appearance, provided that the Bankruptcy Administrator and the trustee consent to the relief requested;

(15) Motions by a Chapter 7 trustee to pay administrative expenses totaling more than $1,000 per payee; and

(16) Motions for pro hac vice or special admission pursuant to Local Rule 2090-2.