FIRST SCHEDULED HEARING

The first scheduled hearing in a contested matter will not be an evidentiary hearing at which witnesses may testify, unless: the Court gives prior notice to the parties that such hearing will be an evidentiary (a) hearing; the motion requests emergency relief and is made at the commencement of the (b) case; the motion requests interim or final relief under Bankruptcy Code §§ 363(b), (c) 363(c)(2)(B), or 364; (d) the motion requests a continuation of the automatic stay under Bankruptcy Code § 362(c)(3)(B) or imposition of the automatic stay under Bankruptcy Code § 362(c)(4)(B); the motion requests the Court’s approval of rejection of an unexpired lease of real (e) property under Bankruptcy Code § 365(a), and a timely objection thereto is filed; or -71- the hearing is on confirmation of a plan in a case under chapter 9, chapter 11, (f) chapter 12 or chapter 13 of the Bankruptcy Code. REFERENCES: Comment: Bankruptcy Code §§ 363(c)(2)(B), 362(c)(3)(B), 364, 365(a) Bankruptcy Rule 9014(e), added in 2002, requires that the Court provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify. Nothing in E.D.N.Y. LBR 9014-2 precludes a party from requesting an evidentiary hearing at the first scheduled hearing and asking the Court to provide for notice thereof in accordance with the final paragraph of the rule.