Documents and Pleadings – Requirements of Form (updated October 17,
U.S. Bankruptcy Court for the Middle District of Georgia
U.S. Bankruptcy Court for the Middle District of Georgia
2016 and September 18, 2017, and January 5, 2023) (a) Multiple Requests for Relief. (1) Motions for relief from stay may not be combined with other forms of relief, except those allowed by 11 U.S.C. §§ 362 and 1205. Motions for relief from stay allowed by 11 U.S.C. § 1301 may be combined with motions pursuant to § 362. If motions are combined, the filing must contain the appropriate notice for each type of motion filed as set forth in LBR 9004-1(c)(5)(A) (Notice of Motion), LBR 9004-1(c)(5)(B) (Objection Other Than Objections to Claims), or LBR 9004-1(c)(6) (Notice of Hearing on All Other Matters).
(2) Objections to confirmation of a Chapter 13 plan may not be combined with other requests for relief. (b) Waiver of Requirements of § 362(e). Any waiver of the 30-day requirement of 11 U.S.C. § 362(e) by the movant shall be recited in the motion and set out in the title of the motion. (c) Notices - Form.
All notices served shall substantially conform to the following directives: (1) Method of Service. Every notice shall be set out as a separate document from any associated pleading except that a certificate of service may be combined with the notice. The notice may be served separately. If served with an associated pleading, the notice shall be the first page or pages of the service packet.
However, the notice may be combined with a short pleading if both can be contained on a single page. (2) Designated Authority for a Notice. The notice shall contain language that identifies the authority of the sender for originating the notice by indicating whether the notice is being sent by direction of the Court or pursuant to a Local Bankruptcy Rule, Federal Rule of Bankruptcy Procedure, or the Bankruptcy Code. The appropriate citation for any rule or code section shall be specified in the notice.
(3) Identity of Sender and Court. The notice shall clearly identify the sender by name, address, email address, and telephone number. The notice shall also set out the name, mailing address, and phone number for the Clerk's office. (4) Required Notice Caption.
Each notice shall be captioned as it appears on any associated pleading or petition and shall substantially comply with the requirements of FRBP 9004(b). 35 Back to TOC (5) Mandatory Language. (A) Notices for “Negative Notice” Events. Events not specifically requiring a hearing (“Negative Notice” Events) shall use the Notice of Motion as described in LBR 9004- 1(c)(5(B) below.
A list of all current Negative Notice events and events that require a hearing can be found in the Clerk’s Instructions. (B) Notice of Motion or Objection Other Than Objections to Claims. Unless a hearing is specifically required for the matter being noticed, notice and an opportunity for hearing as contemplated by LBR 9007-1 may be accomplished by the inclusion of language presented conspicuously in the “Notice of Motion,” which can be found in the Clerk’s Instructions. (C) Notice of Objections to Claims.
The form “Notice of Objection to Claim,” which can be found in the Clerk’s Instructions, shall be used. (6) Notice of Hearing on All Other Matters. If a hearing is required to be held concerning any matter other than one provided for under LBR 9007-1(c), the notice of hearing shall be served with the motion on all interested parties and shall include the language presented conspicuously in the notice which can be found in the Clerk’s Instructions.
Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.