Hearings.

U.S. Bankruptcy Court for the Middle District of Pennsylvania

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

Rule: 9073-1

Jurisdiction: MDPAB

Bluebook Citation: Bankr. M.D. Pa. R. 9073-1

(a) Testimony of Witnesses. Unless otherwise directed, all hearings and trials are evidentiary in nature at which witnesses may testify. (b) Contested Matters - Procedure. (1) Hearing.

Upon the filing of a motion, the clerk will set a date by which an answer or other responsive pleading must be filed. If a responsive pleading is not filed by the answer date, the Court may grant the relief requested subject to the limitations of F.R.B.P. 9006(f). Except as otherwise provided in these rules, no hearing date on the motion will be set. (2) Motions.

Notwithstanding the language of paragraph (1), hearings are required and will be set on the following motions: 63 (A) for relief under 11 U.S.C. § 362(k); (B) for sanctions under F.R.B.P. 9011; (C) for contempt; (D) to substantively consolidate under L.B.R. 1015-1(b); (E) to dismiss the case with prejudice, including all motions filed pursuant to 11 U.S.C. § 109; and (F) to disqualify counsel. (3) Approval of Sales of Property Free and Clear of Liens. While not required in the absence of a responsive pleading, at the request of the movant, a hearing will be held regarding a motion for approval of sales of property free and clear of liens under L.B.R. 6004-5(c).

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