Calendars and Scheduling
U.S. Bankruptcy Court for the Eastern District of Pennsylvania
U.S. Bankruptcy Court for the Eastern District of Pennsylvania
(a) Hearing Dates. A person who files a motion, application, objection, or notice for which a hearing is required under the Fed. R. Bankr. P. or for which these rules require the scheduling of a hearing shall consult the court’s website at www.paeb.uscourts.gov to obtain a hearing date on the judge's calendar before filing the document. The hearing date shall allow adequate time for the movant or objector to complete any service or notice required by the Federal Rules of Bankruptcy Procedure or these rules. (b) Filing Deadline.
If a filing deadline for a selected hearing date is listed on the assigned judge’s hearing calendar on the court’s website, the movant shall file the motion no later than the filing deadline. (c) Completion of Hearing. If a hearing is called on the day scheduled but not completed, the court may continue the hearing to a date certain without further written notice. (d) Rescheduling by Court.
If the Court, on its own initiative, reschedules a hearing date or cancels a scheduled hearing, the Clerk shall notify all interested parties of the new hearing date or the cancellation unless the court directs otherwise. (e) Rescheduling by Agreement. (1) A party who desires to reschedule a matter scheduled before the court shall consult with all other interested counsel to attempt to reach an agreement to reschedule the matter to a date certain. (2) If the interested parties agree to reschedule the matter to a date certain, the party who initiated the proposed rescheduling shall consult with the courtroom deputy for the judge to whom the case is assigned to request rescheduling of the hearing.
(3) Approval of a new hearing date is at the discretion of the court. (4) If a new hearing date is assigned, the party who initiated the rescheduling shall give notice promptly to the interested parties of the new hearing date. -51- (f) Motion to Reschedule. If any of the interested parties do not agree to reschedule a matter, the interested parties are unable to agree on a proposed new date, or an informal request to reschedule is not granted, a party may request that hearing be rescheduled by motion under L.B.R. 9014-2; during a telephone conference convened under L.B.R. 9076-1; or by oral motion in open court made at the scheduled hearing. (g) Expedited Consideration.
(1) Consultation. A party who desires to obtain a hearing date earlier than the hearing date that would ordinarily be assigned under subdivision (a) of this rule or other expedited consideration, to the extent practicable, shall consult with all other interested parties to attempt to reach an agreement that an expedited hearing is appropriate and on the suggested hearing date or dates. (2) Content of Motion. A motion for expedited consideration shall: (A) set forth with particularity the reasons expedited consideration is necessary and appropriate; (B) identify who the movant consulted as required by subdivision (g)(1); (C) describe the agreement, if any, that resulted from the consultation with other interested parties; and (D) identify who was provided a copy of the motion for expedited consideration or otherwise given notice of the motion prior to its filing; and state when and how the movant gave notice of the motion.
(3) Combined Motion or Application. A motion or application may be combined with a request for expedited consideration of the motion or application. The title of such motion or application shall indicate that it includes a request for an expedited hearing date or other expedited consideration. (4) Documents to Accompany Motion.
The motion for expedited consideration shall be filed and served with: (A) a proposed order that grants expedited consideration by scheduling a hearing and provides for a method of prompt service of the order as well as the underlying motion or application, and (B) a copy of the underlying motion or application for which expedited consideration is requested, unless a combined motion under paragraph (g)(3) is filed. (5) Disposition. A motion for expedited consideration is governed by L.B.R. 9014-2. If the Court grants an expedited hearing, the court may schedule the hearing for the date requested or some other date. -52- Local Rule 5070-2 Resolution of Contested Matter (a) Report to the Court.
A moving party shall promptly report resolution of a contested matter to the courtroom deputy of the judge to whom the contested matter is assigned. (b) Documenting the Resolution. If judicial approval of the resolution of a contested matter is required by Fed. R. Bankr. P. 9019 or is requested, the parties shall file a stipulation, motion, or other appropriate document that implements the resolution within 30 days of the reporting of the resolution to the court. (c) Failure to Document.
If the parties do not timely document the resolution, the court may enter an appropriate order. -53- Local Rule 6004-1 Motion to Sell Assets (a) Motion. A motion to sell assets under §363(b) or (f), other than a motion subject to Fed. R. Bankr. P. 6004(d), is governed by L.B.R. 9014-3, except that a response or objection to a motion to sell assets shall be filed and served no later than 21 days after the date on which the motion is served. A request for free and clear sale must be filed by motion under §363(f) with the requisite fee paid. (b) Private Sale.
A motion to sell assets by a private sale shall: (1) describe the material terms of the sale; (2) state whether the buyer or any person affiliated with the buyer is an insider of the debtor; and (3) be accompanied by a copy of the sale documentation, if any. (c) Public Sale. A motion to sell assets by a public sale shall include the proposed sale procedures and highlight any provision relating to credit bidding.
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