MOTION PRACTICE IN ADVERSARY PROCEEDINGS AND

CONTESTED MATTERS - BRIEFS AND MEMORANDA OF LAW.

(a) Hearings and Court calendars. (1) Unless the court has otherwise provided in these local rules, all motions that are required to be set for hearing, whether by statute, rule, or court order, must be set so that at least twenty-eight (28) days’ notice of the hearing of the motion is given. (2) Any motion, excluding ex parte motions, that is not set for hearing will not be considered by the court until properly set for hearing and served. (3) A party may request a hearing on less than twenty-eight (28) days’ notice in accordance with LR 9006.

(4) A party who is entitled to have a hearing held within a timeframe specified by statute or rule, and who sets that hearing after the period has expired or fails to seek an order shortening time, is deemed to have waived the benefits of the statute or rule that requires the hearing to be held within that period. (5) Unless the court directs otherwise, the attorney or a person acting pro se must set all hearings (including motions in adversary proceedings, objections and other matters for which a hearing is necessary) on the calendar of the judge to whom the case is assigned. . The court may set any matter for hearing whether or not a hearing is required by statute or rule. (6) Each judge will maintain a motion calendar and may adopt specific court procedures, which are posted on the court’s website.

The times and dates of each judge’s 64 | P a g e U.S. Bankruptcy Court District of Nevada calendar and respective procedures may be obtained from either the clerk or from the court’s website. (7) The judge may deem the first date set for the hearing to be a status and scheduling hearing if the judge determines that further evidence must be taken to resolve a material factual dispute or if additional briefing is warranted. Live testimony will not be presented at the first date set for hearing, unless for good cause found by the court in advance of the hearing or otherwise so ordered. The judge may order a further hearing at which oral evidence and exhibits will be received, or may, as appropriate, order that all evidence be presented by affidavit or declaration.

(b) Notice of hearing and service of motion and notice. (1) The movant must obtain a hearing date, and the notice of hearing must be filed concurrently with the motion and must, in addition to the requirements of Fed. R. Bankr. P. 2002(c), include the following: (A) The date, time, and place of the hearing; (B) A brief description of the relief sought; oppositions in accordance with LR 9014(d); and, (C) A statement of the time for filing and serving objections or (D) This statement: “If you object to the relief requested, you must file a WRITTEN response to this pleading with the court. You must also serve your written response on the person who sent you this notice. If you do not file a written response with the court, or if you do not serve your written response on the person who sent you this notice, then:  The court may refuse to allow you to speak at the scheduled hearing; and,  The court may rule against you without formally calling the matter at the hearing. ” (i) Individuals representing themselves are not exempt from this rule. any motion or request for an order that does not contain the above notice.

(ii) To ensure compliance with this rule, the court may deny (E) If a hearing has been set by an order shortening time, it is 65 | P a g e U.S. Bankruptcy Court District of Nevada governed by LR 9006. the associated motion or application, except as provided for in LR 9006. (F) The notice of hearing must be filed as a separate document from (2) Service of the motion and notice of it must be made in accordance with these Rules and the Federal Rules of Bankruptcy Procedure. (A) The proof of service must show the date and manner of service and the name of the person served. Proof of service may be by written acknowledgment of service or certificate of the person who made service.

The court may decline to take action on any papers until proper proof of service is filed. The notice and accompanying proof of service must be filed not more than seven (7) days after the motion is filed. (B) Failure to make the proof of service required by this rule does not affect the validity of the service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied.

(c) Contents of motion; affidavits and declarations. (1) The motion must state the facts on which it is based and must contain a legal memorandum. If factual issues are contested, the court will not grant the contested relief unless admissible evidence is offered in support of the relief requested. (2) If affidavits or declarations are submitted, they must be filed separately, and they must reference the underlying motion or paper.

Affidavits and declarations failing to comply substantially with all of the requirements of subsection (c) of this rule may be stricken in whole or in part on the request of an opposing party or on the court’s initiative. Affidavits and declarations must be made under penalty of perjury and must: affidavit or declaration is submitted, and the motion to which it pertains; (A) Identify the affiant or declarant, the party on whose behalf the (B) Contain only nonhearsay factual evidentiary matter or expert opinion, conform as far as possible to the requirements of Fed. R. Civ. P. 56(e), and avoid mere general conclusions or arguments; (C) Identify and authenticate documents and exhibits offered in support of the motion or opposition, unless the documents are already authenticated in the record or have been previously admitted into evidence by the court and are specifically referred to and identified in the motion or opposition; and, (D) If an appraisal, include a statement of the qualifications of the appraiser, and either be made under penalty of perjury or be included by reference into an affidavit or declaration of the appraiser. 66 | P a g e U.S. Bankruptcy Court District of Nevada (d) Opposition, response, and reply. (1) Except as set out in subsection (3) of this rule below, any opposition to a motion must be filed, and service of the opposition must be completed on the movant, no later than fourteen (14) days preceding the hearing date for the motion.

The opposition must set forth all relevant facts and any relevant legal authority. An opposition must be supported by affidavits or declarations that conform to the provisions of subsection (c) of this rule. (2) Except as set out in subsection (3) of this rule below, any reply memorandum must be filed and served no later than seven (7) days preceding the hearing date. (3) Subsections (d)(1) and (2) of this rule do not apply to: proceeding; (A) Motions for summary judgment brought in any adversary date has been obtained; and, (B) Motions for which an order shortening the time for the hearing briefing schedule either in open court or by separate order.

(C) Motions or contested matters for which the court has set a separate (4) For motions sought to be heard on shortened time, including when such motions are brought in an adversary proceeding, responses and replies will be due as set forth in the order granting the request that the motion be heard on shortened time or as provided in LR 9006. (e) authorities; Limitation on length of briefs and points and authorities; requirement for table of (1) Unless the court orders otherwise, prehearing and posthearing briefs and points and authorities in support of, or in response to, motions are limited to twenty (20) pages including the motion but excluding exhibits, addendums, tables of contents, tables of authorities, and the case caption. Reply briefs and points and authorities are limited to fifteen (15) pages, excluding exhibits, addenddums, tables of contents, tables of authorities, and the case caption. Where the court enters an order permitting a longer brief or points and authorities, the papers must include a table of contents and table of authorities.

(f) Chambers copies. Any party filing pleadings, motions, oppositions, replies or similar documents must comply with the particular Judge’s chambers copies requirement, if any, provided on the court’s website. (g) Stipulations. 67 | P a g e U.S. Bankruptcy Court District of Nevada (1) Stipulations of attorneys relating to proceedings before the court must be in writing, signed by the parties to the stipulation, and served on all other parties who have appeared.

(2) Stipulations between the parties relating to proceedings before the court, except stipulations pursuant to Fed. R. Bankr. P. 7029, are not effective until approved by the court and entered on the court's docket. The party submitting the stipulation must submit a separate order approving the stipulation for consideration by the court, except that a proposed stipulation and order to substitute an attorney under LR 2014(b) may be presented in one document. (3) A dispositive stipulation will be treated as a motion unless the stipulation is approved in writing by all attorneys who have appeared for the parties and any party appearing pro se. (4) Whenever any written stipulation contains a provision for continuing a hearing or a provision for vacating a pending hearing, a separate notice of continuance of hearing or notice vacating hearing must be set forth clearly in the caption.

Any notice of continuance of hearing must contain the previous hearing date and time and the new date and time. Any notice vacating hearing must contain the vacated hearing date and time. (h) Compliance with LR 9021. In chapter 7 and 13 cases, LR 9021(b)(1) is waived if a proposed order is served with the motion and the motion is granted.

The proposed order must be attached as an exhibit and may not be separately filed or submitted for the judge’s signature prior to the hearing. If the proposed order is not served with the motion, or if the order has been modified by the court or otherwise, then LR 9021(b)(1) is applicable. (i) Countermotions. Except as permitted by LR 7056, or as may otherwise be ordered by the Court, countermotions are not permitted.

Parties seeking counter relief must file a separate motion and set it for hearing in normal course or seek it to be heard on shortened time via Local Rule 9006. LR 9014.1.

NEGATIVE NOTICE PROCEDURE.

(a) In chapter 7 or 13 cases, the following motions, objections, and other matters may be considered by the court without an actual hearing under the negative notice procedure described in this rule, if no party in interest requests a hearing: (1) Motions to approve agreements relating to relief from the automatic stay, motions prohibiting or conditioning the use, sale, or lease of property, motions providing adequate protection, and motions for the use of cash collateral pursuant to Fed. R. Bankr. P. 4001(d); (2) Motions to sell personal property, except for sales of all or substantially all 68 | P a g e U.S. Bankruptcy Court District of Nevada of the debtor’s assets, under 11 U.S.C. § 363. A copy of the proposed order must be sent along with the negative notice; (3) Motions to avoid liens on exempt property pursuant to 11 U.S.C. § 522(f); (4) Notices of abandonment pursuant to Fed. R. Bankr. P. 6007(a); (5) Motions to pay auctioneers’ commissions and fees; (6) The chapter 7 trustee’s applications for court approval of the “Final Account and Report,” after it has been submitted to the United States Trustee for review and filed on the trustee’s behalf, if less than $1500; (7) Motions to pay taxes pursuant to 11 U.S.C. § 503(b); (8) Motions for order declaring lien satisfied pursuant to Fed. R. Bankr. P. 5009(d); (9) Motions to extend the time to challenge a claim of exemption pursuant to Fed. R. Bankr. P. 4003(b); (10) Motions to object to a chapter 7 debtor’s discharge pursuant to Fed. R. Bankr. P. 4004(a), or to assert nondischargeability of debts pursuant to Fed. R. Bankr. P. 4007(b); (11) Motions by debtors to sell or refinance homestead property; (12) Motions to extend time to assume or reject an unexpired lease or an executory contract except as required by 11 U.S.C. § 365(d)(4); (13) Motions by debtors to dismiss under 11 U.S.C. §1307(b); and (14) Other motions, objections, and matters if permitted in advance by the court. (b) Motions, objections, and other matters filed pursuant to this negative notice procedure must include a proposed order, and: (1) Be served in the manner and on the parties as required by these rules and the Federal Rules of Bankruptcy Procedure or any order of the court. A proof of service must be filed in accordance with LR 2002.

(2) To the extent permitted under the Federal Rules of Bankruptcy Procedure, these rules, or any other order of the court, a filing user may use these negative notice procedures by serving motions, objections, and other papers by electronic means to any other filing user or party who consents to receive service by electronic means. 69 | P a g e U.S. Bankruptcy Court District of Nevada (3) A negative notice legend must be prominently displayed on the face of the first page of the paper. The negative notice legend must be in a form substantially as follows: “NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING” “Pursuant to LR 9014.1, the court will consider this motion, objection, or other matter without further notice of hearing unless a party in interest files an objection within twenty-one (21) days from the date of service of this paper. If you object to the relief requested in this paper, you may file your objection at the bankruptcy clerk’s office located in Las Vegas at the United States Bankruptcy Court, 300 Las Vegas Blvd.

South, Las Vegas, Nevada 89101, or in Reno at the United States Bankruptcy Court, 300 Booth Street, Reno, NV 89509, and serve a copy on the movant's attorney and any other appropriate persons. It is the duty of the objecting party to timely set the objection for a hearing and properly notice all parties in interest. If you do not file an objection within the time permitted, an order granting the requested relief may be entered by the court without further notice or hearing.” (c) Objections to any motion filed under this Rule must be made within twenty-one (21) days from service of the motion. The objecting party must schedule a hearing on the motion, objection, or other matter upon notice to the movant's attorney, the objecting party or parties, and others as may be appropriate.

The objecting party must not give less than twenty-eight (28) days’ notice of the hearing. Replies must be filed and served no later than seven (7) days preceding the hearing date. Unless the court orders otherwise, the objecting party must schedule and notice a hearing on the objection. If a hearing on the objection is not timely set and noticed, the objection, unless otherwise ordered by the court, will be deemed withdrawn.

(d) In the event no party in interest files a timely objection, the court may consider the matter without further notice or hearing upon the submission by the movant of a proposed form of order granting the relief. (e) The movant must submit the proposed order not later than fourteen (14) days after the expiration of the objection period. In additional to any other requirements, the movant must recite in a separate affidavit or declaration that: (1) The motion, objection, or other matter was served upon all interested parties with the negative notice legend informing the parties of their opportunity to object within the appropriate number of days of the date of service; and (2) No party filed an objection within the time permitted. In the event the movant fails to submit a proposed form of order within this time, the court may enter an order denying the matter without prejudice for lack of prosecution.

(f) Nothing in this Rule is intended to preclude the court from conducting a hearing on the motion, objection, or other matter even if no objection is filed within the time permitted in the negative notice legend. 70 | P a g e U.S. Bankruptcy Court District of Nevada LR 9014.2.

CONTESTED MATTERS, CONSENT TO ENTRY OF FINAL ORDER OR JUDGMENT.

(a) In addition to the requirements of LR 9014, LR 9014.1, and Fed. R. Bankr. P. 9014(a), the moving party in a contested matter must include a statement that the pleader does or does not consent to the entry of final orders or judgment by the bankruptcy judge. (b) The non-moving party must submit with its response a statement that the responding party does or does not consent to the entry of final orders or judgment by the bankruptcy judge. (c) Should any party fail to consent to the entry of final orders or judgment by the bankruptcy judge, then the bankruptcy judge may require the parties to submit pleadings in support of or in opposition to the entry of final orders or judgment by the bankruptcy judge. Unless otherwise provided, Fed. R. Bankr. P. 9014 and LR 9014 will govern this procedure.

The bankruptcy court may sua sponte determine and enter an order on whether the proceeding is subject to entry of final orders or judgment by the bankruptcy court, unless the district court withdraws the reference first.