Hearing Continuances

U.S. Bankruptcy Court for the District of Maine

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Maine

Rule: 9013-2

Jurisdiction: DMEB

Bluebook Citation: Bankr. D. Me. R. 9013-2

All Rules: Bankr. D. Me. Local Bankruptcy Rules, complete index


Text

(a) By Agreement. A hearing on a motion may be continued using the appropriate ECF docket event, and without filing a motion, subject to the following: (1) (2) (3) Consents Required. The filing of such a docket event shall be the certification by the filer that the consent of all interested parties has been obtained. Limitations.

Agreed-upon continuances shall not continue any matter for longer than 45 days. Exceptions. Continuances by agreement under this Local Rule shall not apply to dispositive motions in adversary proceedings or to matters set for hearing by the court, including initial chapter 13 confirmation hearings. (b) Without Agreement.

Parties seeking a continuance of a scheduled hearing without the consent of all interested parties shall file a motion in accordance with the provisions of Local Rule 9013-1, as modified by the following: (1) (2) (3) The motion shall be filed no fewer than three days before the scheduled hearing, unless good cause is shown; The notice shall set a deadline for response no later than 24 hours prior to the hearing; and Such motions will be acted upon without hearing unless the movant or an interested party requests a hearing. 21 Rule 9013-3. Motions—Relief Requested Without a Hearing A hearing date does not need to be set prior to filing the motions listed below, provided that the movant is not aware of any objection to the motion. A motion filed under this Local Rule shall state, in the upper right corner of the first page, “Relief Requested Without a Hearing,” and be filed with a proposed order which provides: “This order shall become final in 14 days unless an interested party sooner objects, in which case the matter shall be set for hearing and considered by the court as if this order had not been entered.” (a) an application to employ professional persons; (b) a motion to extend time to file schedules, statements, tax returns, earnings statements and other documents required by § 521 of the Code or Fed. R. Bankr. P. 1007 that have the consent of the United States trustee, any trustee, and any committee; (c) a consent motion to continue a hearing; (d) a motion for enlargement of time under either Fed. R. Bankr. P. 4008(a) or Fed. R. Bankr. P. 9006(b)(1); (e) a motion to dismiss filed under § 1208(b) or § 1307(b) of the Code; (f) a motion to defer filing fees; (g) a motion to deduct and pay over to employers; (h) a motion to reopen a case filed within a year of the date that the case was closed; (i) a motion to limit notice; (j) a motion for redaction of personal identifiers using Local Form 3—Motion for Redaction of Personal Identifiers; (k) a motion for conditional approval of disclosure statement under Fed. R. Bankr. P. 3017.1; (l) a consented to motion to enlarge the deadline to object to discharge; (m) a motion in a chapter 13 case seeking authorization for the chapter 13 trustee to make pre- confirmation, post-petition lease payments under § 1326(a)(1)(B) of the Code or pre- confirmation adequate protection payments under § 1326(a)(1)(C) of the Code when the proposed plan fails to provide for such payments, provided the motion is consented to by the debtor, the chapter 13 trustee, and the lessor or creditor entitled to the pre- confirmation payments; (n) a consented-to motion for the entry of a confidentiality order; and 22 (o) a motion for admission pro hac vice.

Chat with this local rule using AI

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.