Contested Matters

(a) Response Required. Except as set forth in subparagraph (f) hereof, and subject to the requirement that a movant provide proof in support of a motion, a response is required with respect to a contested matter. This rule shall constitute the Bankruptcy Court’s direction requiring a response under Fed. R. Bankr. P. 9014. A response is not required to a chapter 13 trustee’s objection to confirmation of a chapter 13 plan.

(b) Service. The movant shall serve the motion electronically, or by mail, in the manner provided by Fed. R. Bankr. P. 7004. No summons is required. (c) Filing Exhibits, Exhibit Lists and Witness Lists.

(1) Filing Exhibit Lists and Exhibits. Unless the court orders otherwise, all exhibits that a party intends to offer at a hearing, except those to be offered solely for impeachment, must be listed on an Exhibit List and must be marked for identification by the party’s initials or name, followed by the exhibit number (not letter) under which they will be offered. The Exhibit List and the exhibits must be filed in the record of the case using the court’s electronic filing system at least one (1) day prior to the scheduled hearing. Each exhibit must be filed as a separate attachment to the Exhibit List, and each exhibit must correspond to its item number on the Exhibit List.

53 (2) Filing Witness Lists. Unless the court orders otherwise, all witnesses that a party intends to call, except those to be offered solely for impeachment, must be listed on a Witness List, which must be filed in the record of the case using the court’s electronic filing system at least one (1) day prior to the scheduled hearing. It is assumed that the debtor(s) will testify and, therefore, it is not necessary to list debtor(s) on the witness list. (d) Certification of Counsel at Evidentiary Hearing.

In any evidentiary hearing, counsel must certify before the presentation of evidence: (1) (2) that good faith settlement discussions have been held or why they were not held; that all exhibits (except for those used solely for impeachment), lists of witnesses, and appraisals (if applicable) have been exchanged in advance of the hearing. In any conflict between a scheduling order entered in a contested matter and these Local Bankruptcy Rules, the scheduling order controls. (e) Motions to Lift Stay. Motions to lift the automatic stay pursuant 11 U.S.C. § 362(d) are governed by Local Bankruptcy Rule 4001-1.

(f) Expedited Motions. (1) Motion for Expedited or Emergency Hearing. A request for hearing on an expedited or emergency basis shall be made by written motion, setting forth the reason the matter should be considered on an expedited or emergency basis. If the court grants a request to set an expedited hearing, the “if and only if” notice procedure described in Local Bankruptcy Rule 9007-1(a) may not be used for a hearing on a motion or application set on an expedited or emergency basis.

(2) Response to Expedited or Emergency Matters. Unless otherwise ordered by the court, a response to a motion or application set on an expedited or emergency basis may be filed not later than twenty- four (24) hours prior to the expedited hearing. Notwithstanding this response deadline, the court reserves the right to waive the response requirement for any hearing set on an expedited basis. 54 LBR 9019-1 Motions to Approve Compromise (a) Filing.

(1) (2) A motion to approve a compromise of an adversary proceeding shall be filed in the main bankruptcy case, not in the adversary proceeding. It shall bear the style of the main bankruptcy case, not the adversary proceeding. A motion to approve a compromise of an adversary proceeding shall, within the body of the motion, set out the style and number of the adversary proceeding. (3) No motion to approve a compromise of an adversary proceeding need be filed to settle a proceeding filed pursuant to 11 U.S.C. §§ 523 or 524.

(b) Notice. (1) Motions to approve compromises of adversary proceedings are governed by Local Bankruptcy Rule 9007-1 and may include “if and only if” notice language. (2) Motions to approve compromises and motions that contemplate a dismissal of an objection to discharge under 11 U.S.C. § 727 shall identify the cause of action and any consideration paid or agreed to be paid and shall be served on all creditors and parties in interest. (c) Order and Judgment.

Counsel for the moving party for a motion to approve a compromise of an adversary proceeding shall upload on CM/ECF two forms of proposed orders. The first form of proposed order shall be one to approve the motion to approve a compromise, bearing the style of the main bankruptcy case. The second form of proposed order shall be a proposed agreed judgment or order of dismissal, bearing the style of the adversary proceeding, for entry in the adversary proceeding.