Motion Practice

(a) Application of Local Adversary Rules. Local Bankruptcy Rules 7007-1 through 7007-3 apply to motion practice before the Bankruptcy Court. (b) Notice of Hearing-Content and Minimum Service Requirement. Unless otherwise ordered by the court, notice of a motion must be provided in the time and manner prescribed by the Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules (including LBR 9007-1 which governs the form of notice for “if and only if” hearings, sale motions and objections to claims).

All notices must conform substantially to Official Form 420A and provide: (1) Identification of Hearing Date, Time, and Location. The date, time, and location of the hearing shall be included in the body of the notice. (2) Identification of How to Obtain Free Copy of Motion and Attachments. The notice of motion/hearing must clearly indicate that a copy of the motion, supporting affidavit, declaration, application, or exhibit is available, without charge, online or from the movant upon request.

The movant must provide a contact name and telephone number and/or email address to which such a request may be made or the online address. (3) Identification of Relief Sought. The notice of motion shall set forth, in concise, plain terms, the specific 48 relief sought and the party or parties against whom such relief is sought. (4) Minimum Service Requirement.

At a minimum, the pleading or notice shall be served upon the following parties in interest: (i) (ii) the debtor, and, if the debtor is represented by an attorney, the attorney; any attorney for a committee appointed or elected in the case, or if no attorney has been employed to represent the committee, through service on its members; and if no committee has been appointed in a chapter 9 or 11 case, the creditors included on the list filed pursuant to Fed. R. Bankr. P. 1007(d); (iii) the United States Trustee; (iv) any trustee appointed in the case; (v) all parties who filed a request for notices with the clerk; and (vi) any entity required to be served by any applicable Bankruptcy Rule. (c) Notice of Electronic Filing. When a pleading or other document is electronically filed, the CM/ECF system generates a “Notice of Electronic Filing” that is transmitted to the filing party and all registered users of the CM/ECF system having appeared in the case in which the filing is made. (1) Service Upon a Registered User Who Has Appeared in the Case.

Transmission of the Notice of Electronic Filing to a registered user via the CM/ECF system, constitutes service of the pleading or other document. (2) Service Upon a Non-Registered User or a Registered User Who Has Not Appeared in the Case. A party who is not a registered user of the CM/ECF system must be served with the filed pleading or other document in compliance with the Federal Rules of Bankruptcy Procedure and these rules. (d) Certificate of Service.

A certificate of service upon both registered and non-registered users of the 49 CM/ECF system is required. The certificate must state the manner in which service or notice was accomplished on each party. The moving party shall file a certificate of service. (e) Motion, Supporting Affidavit, Application, and Exhibits.

(1) Service Not Required. Except as provided in the subparagraphs below, where the relief sought is clearly and unambiguously stated in the notice, the motion and any supporting affidavit, declaration, application, or exhibits need not be served on all parties in interest. In such case, the notice of motion must clearly indicate that a copy of the motion, supporting affidavit, declaration, application, or exhibit is available, without charge, online or from the movant upon request. The movant must provide a contact name and telephone number and email address to which such a request may be made or the online address.

(2) Service Required. A complete copy of a motion, together with any supporting affidavit, declaration, and exhibits shall be served upon the United States trustee, the trustee, any official committee, opposing counsel, debtor, and any party that may be directly adversely affected by granting the requested relief. (f) Certificate of Conference Required to file a Request for an Extension of Time, Late Response or Discovery Motion. Before filing a motion seeking authority to file a request for an extension of time, an untimely response or a discovery motion (including a motion seeking a Rule 2004 examination), an attorney for the moving party shall confer with the trustee, if one is appointed, and an attorney for each party affected by the requested relief to determine whether the motion is opposed.

A certificate of conference indicating whether or not a conference was held prior to filing the motion is required. The certificate shall indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached. If a conference was not held, the certificate shall explain why it was not possible or practicable to confer. A conference is not required to be held when it is reasonably anticipated that the number of responding parties may be too numerous to contact prior to filing the motion.

A conference shall not be required before filing a motion to extend the time to file (1) any document required by Fed. R. Bankr. P. 1007 in a chapter 7 or chapter 13 case or (2) a chapter 13 plan. (g) Timeliness of Filing and Service of a Motion. Unless otherwise specified in the Federal Rules of Bankruptcy Procedure 50 (particularly Fed. R. Bankr. P. 2002, 3007, and 4007), these rules, the Administrative Procedures, or as ordered by the court, any motion shall be filed and served at least twenty-one (21) days before the hearing date set to consider the motion. (h) Filing Deadlines.

An electronic filing is considered timely if received by the court before midnight on the date set as a deadline, unless the court or these rules specifically require an earlier filing. (i) Deadline for Responsive Pleadings (Objections). Unless otherwise specified in the Federal Rules of Bankruptcy Procedure, these rules (including Local Bankruptcy Rule 3015-1(c) which governs the time fixed for filing objections to a chapter 12 or 13 plan and Local Bankruptcy Rule 9014-1(f)(2) which governs response deadlines for motions or applications set on an expedited or emergency basis), the Administrative Procedures, or as ordered by the court, responsive pleadings and objections must be served and filed so as to be received not later than seven (7) days prior to the hearing date. (j) Procedure for Notification of Withdrawal.

A motion, pleading or other document may be withdrawn by electronically filing a Notice of Withdrawal. A motion is not required. In addition, unless otherwise ordered by the court, a party may orally notify the court of the withdrawal of a document during any hearing related to the case. (k) Notification of Settlement – Generally.

Where movant and opposing counsel agree to the terms of an order, movant shall notify the chambers of the Presiding Judge of the settlement as soon as practicable.