Ex Parte Motions
U.S. Bankruptcy Court for the Western District of Louisiana
U.S. Bankruptcy Court for the Western District of Louisiana
(a) An ex parte motion is a motion presented to the court with no notice to any other party and which the court may consider without a hearing. (b) In addition to satisfying the requirements applicable to any motion, an ex parte motion must: (1) (2) state the legal basis and include admissible evidence of the facts which the moving party contends permit the court to act without notice or hearing; state specific reasons why the court should proceed without notice or hearing; and 51 (3) describe any efforts made to confer with the party or parties affected by the motion and whether or not any of them oppose the motion. (c) Examples of motions properly brought on an ex parte basis include, but are not limited to, the following: (1) Administrative Motions filed by the Clerk of Court; (2) Agreed Orders or Unopposed Motions; (3) Allow Late Filed Response (certificate of conference is required to evidence compliance with Local Bankruptcy Rule 7001-1and 9013-1(f ; (4) Continue Hearing, if unopposed; (5) Convert Case to a Chapter 7 (if filed by debtor); (6) Convert Case to a Chapter 13 if not previously converted (if filed by Debtor); (7) Defer Fee; (8) (9) Delay Entry of Discharge Order for purpose of filing a reaffirmation agreement (if filed by Debtor or unopposed if filed by creditor); Disbursement by Chapter 13 Trustee of Administrative Expenses pre- confirmation; (10) Employ Counsel for Trustee, other than an Application seeking authority to approve a fixed, percentage or contingency fee under 11 U.S.C. § 328; (11) Enroll Attorney; (12) Exempt from Credit Counseling or Financial Management Course; (13) Expedite Hearing; (14) Extend or Shorten Response Time; (15) Extend Time to File Schedules and Statement of Financial Affairs; (16) Fee and expense requests for not more than $1,000.00; (17) File Documents under Seal; 52 (18) Limit Notice to Parties; (19) Pay Filing Fee in Installments; (20) Pro Hac Vice Admission; (21) Proceed in Forma Pauperis; (22) Reopen Case; (23) Restrict Public Access or Motion to Redact Identifiers; (24) Wage Orders; (25) Waive Local Bankruptcy Rules.
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