Local Rule 9013-1: MOTIONS – FORMS AND SERVICE

TNWB LBR 9013-1 MOTIONS – FORMS AND SERVICE

(a) Scope. This Rule applies to all motions, applications, objections to claims, and proposed consent orders in which relief is sought after notice and hearing. See Bankruptcy Code § 102(1). This Rule does not apply to voluntary or involuntary petitions, motions for final decree, or motions for Rule 2004 Examinations of debtors. See TNWB LBR 1002-1, 1003-1, 2004-1, and 2081-1 regarding matters excepted from this Rule.

(b) Chapter 7, 11, or 12 Cases.

(1) Deadline for Objections. A party seeking an order in a Chapter 7, 11, or 12 case should file a motion or application with the Clerk. Unless otherwise ordered by the court, the Courtroom Deputy will fix a date for the filing of objections, if any, and an initial date and time for hearing. The moving party must serve a copy of the pleading as directed in Federal Rule of Bankruptcy Procedure 9013.

(2) If No Objection is Filed. If no objection is timely filed, the relief sought may be granted without an actual hearing. Once the deadline for filing objections has passed, the moving party may submit a proposed order together with a certificate indicating that the moving party has reviewed the docket and determined that no objection was timely filed (Local Form 008F). Only the signature of the party or attorney preparing the order must appear on the order. See generally TNWB LBR 9074-1 for the signatures required on other proposed orders.

(3) If an Objection is Filed. If an objection is timely filed, the matter will be heard when scheduled.

(4) Content of Objections. Objections must: (i) state the basis for the objection; (ii) include copies of supporting documents; (iii) set out the date of the hearing in the first paragraph; and (iv) include a certificate of service stating when and how the objection was served upon the movant, the debtor, the case trustee, the United States Trustee, and, in matters in which the United States is an interested party, the United States Attorney, as well as other affected parties.

(c) Chapter 13 Cases.

(1) Filing a Motion or Application. A party seeking an order in a Chapter 13 case should file a motion or application with the Clerk. The Courtroom Deputy assigned to the case will set a date for hearing calculated to give interested parties not less than twenty-one (21) days' notice prior to the scheduled hearing unless otherwise ordered by the court. The moving party must serve a copy of the motion or application as directed in Federal Rule of Bankruptcy Procedure 9013.

(2) At the Hearing.

(A) If No Party Objects. If no party appears to resist the relief sought at the date and time set for hearing, the motion, application, or objection may be granted or sustained without hearing. The moving party should advise the Courtroom Deputy and the Chapter 13 trustee and should promptly submit a proposed order to the Chapter 13 trustee for signature. See TNWB LBR 9074-1 for the signatures required on proposed orders.

(B) If the Parties Agree. If the parties agree on the disposition of a contested matter, they may announce their agreement on the date and time set for hearing and submit a proposed order to the Chapter 13 trustee for signature.

(C) Conferring with Opposing Counsel. If counsel for a party affected by the relief sought is known to counsel for the moving party, then counsel should make a good faith effort to confer with opposing counsel regarding the matter prior to the scheduled hearing.

(D) If There is an Objection. If a party appears at the scheduled hearing and objects to the relief sought, the Courtroom Deputy will set the matter for hearing in accordance with chamber's practice.

(d) Responsibility for Service. Whenever a party is directed by Local Rule to serve a notice, motion, application, or other document, it is the responsibility of that party to identify (by judicial determination, if necessary) and serve all entities upon whom service is required by the court, the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Rules, or the Clerk. To assist the responsible party, the Clerk will provide a copy of the Mailing List when returning documents for service.

(e) Service by the Clerk. The other provisions of these Rules notwithstanding, the Clerk will serve the following:

(1) All orders;

(2) Notice of entry of orders of conversion or dismissal, including notices required by Federal Rule of Bankruptcy Procedure 1017;

(3) Notice of the Meeting of Creditors, the date fixed for filing claims against surplus funds of the estate, and the date fixed for filing proofs of claim;

(4) Notice of the filing of a proof of claim by the debtor or the trustee.

(5) Notice of the date fixed for filing complaints pursuant to Bankruptcy Code §§ 727 and 523(c);

(6) Notice of the filing of a notice of appeal;

(7) Notice of entry of orders denying, revoking, or waiving discharge; and

(8) Notice of hearing regarding contempt of court.

(f) Expenses of Noticing. Without the necessity of an order, the debtor in possession or the trustee is authorized to pay the expenses of serving notices or other documents required by the Federal Rules of Bankruptcy Procedure or these Local Rules. The cost of service shall be disclosed in any subsequent application for reimbursement of expenses, which shall be subject to review and approval by the court.