General Authority to Regulate Notices; “If and Only If” Notice Procedure

Every notice of hearing (regardless of whether the “if and only if” procedure as described below is utilized) shall conform substantially to Official Form 420A which is intended to provide uniform, plain English explanations to parties regarding what they must do to respond in certain contested matters which occur frequently in bankruptcy cases. The form is intended to make bankruptcy proceedings more fair, equitable, and efficient by aiding parties, who sometimes do not have counsel, in understanding the applicable rules. The form contains optional language that can be used or adapted. (a) “If and Only If” Notice Procedure Authorized.

When authority to act or relief is sought which can only be authorized or granted upon notice or “after notice and hearing” as defined in 11 U.S.C. § 102, subject to Local Bankruptcy Rule 9014-1 and Local Bankruptcy Rule 3007-1, the party may, with respect to both motions under Fed. R. Bankr. P. 9013 and contested matters under Fed. R. Bankr. P. 9014, serve notice of the relief sought using the “if and 45 only if” notice procedure as set forth in this rule, except as provided in subsection (i) hereof. When this procedure is used with respect to a contested matter, no summons is required but service shall otherwise comply with the Federal Rules of Bankruptcy Procedure. (b) Notice of Hearing Requirement for “If and Only If” Notice. A notice of hearing must conform substantially to Official Form 420A.

As required by Local Bankruptcy Rule 9013-1(g), in most instances, a twenty-one (21) day notice period is required. A pleading or notice utilizing the “if and only if” notice procedure shall also contain a statement in substantially the following form: A hearing to consider the [title of motion or application] will be held on [Month] [Day], [Year] at ___ o’clock, __. m. at [identify courthouse address, floor and courtroom number, if applicable], IF AND ONLY IF, an objection or response is filed on or before the response deadline noted herein. No hearing will be conducted hereon unless a written response is filed with the Clerk of the United States Bankruptcy Court at [address of Clerk’s office] before the close of business on [Month] [Day], [Year] (the “Response Deadline”) which is a date at least seven (7) days before the hearing date. A copy of the response should be served upon counsel for the moving party by the Response Deadline.

IF NO OBJECTION OR RESPONSE IS TIMELY FILED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN. (c) Notice of Hearing Requirement for Sales Free and Clear of Liens or Interests. A notice of hearing must conform substantially to Official Form 420A. Where sales free and clear are involved, Fed. R. Bankr. P. 6004 shall be complied with by changing the first paragraph above to read substantially as follows: A hearing to consider the [title of motion or application] will be held on [Month] [Day], [Year] at ___ o’clock, __. m. at [identify courthouse address, floor and courtroom number, if applicable] IF AND ONLY IF, an objection or response is timely filed on or before the response deadline noted herein.

The hearing date on the sale is at least twenty-one (21) days from the date of service hereof. No objection to such sale will be considered unless a written response is filed with the Clerk of the United States Bankruptcy Court at [address of Clerk’s office] before the close 46 of business on [Month] [Day], [Year] (the “Response Deadline”) which is a date at least seven (7) days before the hearing date. A copy of the response should be served upon counsel for the moving party by the Response Deadline. (d) Notice of Hearing Requirement for Objections to Claims.

A notice of a claim objection must conform substantially to Official Form 420B and Local Bankruptcy Rule 3007-1(b)(1). Where objections to claims are involved, Fed. R. Bankr. P. 3007 shall be complied with by changing the first paragraph above to read substantially as follows: A hearing to consider the Objection will be held on [Month] [Day], [Year] at ___ o’clock, __. m. at [identify courthouse address, floor and courtroom number, if applicable], IF AND ONLY IF, an objection or response is timely filed on or before the response deadline noted herein. The hearing date on this Objection to Claim is at least thirty (30) days from the date of service hereof. No hearing will be conducted hereon unless a written response is filed with the Clerk of the United States Bankruptcy Court at [address of Clerk’s office] before the close of business on [Month] [Day], [Year] (the “Response Deadline”) which is a date at least seven (7) days before the hearing date.

A copy of the response should be served upon counsel for the moving party by the Response Deadline. (e) Exceptions to “If and Only If” Notice Procedure. The “if and only if” notice procedure described in this Local Bankruptcy Rule may not be used for the following requests for relief, which shall be set for hearing or handled in a manner provided below: (1) (2) (3) motions to dismiss or convert filed by a party in interest other than the debtor, trustee, or court; motions for relief from the automatic stay, which are governed by Local Bankruptcy Rule 4001-1(h) (which establishes a seventeen (17) day notice period and prescribes the form of the notice); motions to extend the automatic stay under Section 362(c)(3) and motions to impose the automatic stay under Section 362(c)(4), which are governed by Local Bankruptcy Rule 4001-2 (which requires a definite hearing); (4) motions for use of cash collateral or for financing authority; (5) motions to assume, or to assume and assign, executory contracts or 47 unexpired leases; (6) motions to extend exclusivity or the time to confirm a plan of reorganization; (7) motions for substantive consolidation; (8) (9) confirmation of a plan in a chapter 9, 11 or 12 case, or approval of a disclosure statement; any motion or application set on an “expedited basis” or “emergency basis”; and (10) any motion for which the Bankruptcy Rules specifically require a hearing.