CHAPTER 11 CASES

(a) Motions Requiring Emergency or Expedited Relief. Subject to FRBP 6003, the movant may request the following motions be set for hearing using the procedures set forth in LBR 9075-1: (1) Motion to Limit Notice; (2) Motion to Extend Time to File Schedules and Statement of Financial Affairs; (3) Utility Motion Pursuant to 11 U.S.C. § 366; 34 LBR 2081-1 (4) Motion to Establish Procedures for Handling Multiple Reclamation Claims; (5) Request for Regularly Scheduled Hearing Dates. Upon request of a debtor, the court may establish a fixed date and time for hearing all motions and other matters in a chapter 11 case. Once ordered, the dates and time, and exceptions, if any, will be made available through the clerk’s office and posted in advance on the court’s website; (6) Motion to Pay Prepetition Payroll and to Honor Prepetition Employment Procedures.

The motion must be supported by evidence that establishes: (A) The employees are still employed; (B) The necessity for payment; (C) The benefit of the procedures; (D) The prospect of reorganization; (E) Whether the employees are insiders; (F) Whether the employees’ claims are within the limits established by 11 U.S.C. § 507; and (G) The payment will not render the estate administratively insolvent; (7) Motion to Honor and Comply with Customer Obligations and Deposits. The motion must be supported by evidence that relief is essential to business operations and customer confidence or that the estate may suffer postpetition damages that would prejudice creditors, the reorganization, or the value of property of the estate; (8) Motion to Pay Prepetition Taxes. The motion must be supported by evidence that establishes: (A) The necessity for payment; (B) The prospect of reorganization; (C) The means to pay; (D) That the taxes to be paid are entitled to priority pursuant to 11 U.S.C. § 507; and (E) The payment will not render the estate administratively insolvent; (9) Motion for Emergency Use of Cash Collateral, Debtor in Possession Financing, or 35 LBR 2090-1 Cash Management; (10) Motion for Order Establishing Procedures for Sale of Estate’s Assets; (11) Appointment of a Patient Care Ombudsman Under 11 U.S.C. § 333; and (12) Other Motions Where Special Circumstances Exist. The motion must be supported by evidence that exigent circumstances exist justifying an expedited hearing.

(b) Prepackaged Plans. A hearing on a motion for order confirming a chapter 11 plan upon which voting was conducted before commencement of the case pursuant to 11 U.S.C. §1126(b) must be scheduled, if practicable, no more than 30 days after the order for relief. (c) Severance Compensation or Employee Incentive Motions. (1) Notice.

A motion for approval of a severance compensation package or employee incentive program must be heard on regular notice pursuant to LBR 9013-1(d), absent exigent circumstances. (2) Standard. The motion must state whether the employee is an insider. If so, the motion must state whether the insider has a bona fide job offer from another business at the same or greater rate of compensation and establish the elements of 11 U.S.C. § 503(c).