Motions

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

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

Rule: 9014-1

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 9014-1

All Rules: Bankr. E.D. Pa. L.R. Adm. Local Bankruptcy Rules, complete index


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(a) Motions for Withdrawal of the Reference. A motion for withdrawal of the reference of a case or proceeding to the bankruptcy court is governed by L.B.R. 5011-1. (b) Motions Filed in an Adversary Proceeding. A motion filed in adversary proceeding is governed by L.B.R.7005-1.

(c) Motions Filed in Connection with an Appeal. A motion filed in connection with an appeal is governed by Fed. R. Bankr. P. 8013 and L.B.R. 8013-1 to 8013-3. (d) Other Motions Filed in a Case. A motion filed in a case, other than a motion referred to in subdivisions (a)-(c) of this rule, is governed by either L.B.R. 9014-2 or L.B.R. 9014-3. -70- Local Rule 9014-2 Motions Decided Without Hearing (a) Disposition of Certain Motions.

The court may rule without a hearing on a motion under: (1) § 362(c)(4)(A)(ii) for entry of an order confirming that no automatic stay is in effect; (2) § 362(j) for entry of an order under § 362(c) confirming that the automatic stay has been terminated; (3) §§ 1225(c) or 1325(c) for entry of a wage order; (4) Fed. R. Bankr. P. 1007(a)(5) or 1007(c) or (e) for an extension of time; (5) L.B.R. 1017-1(a) or 1017-2(a) to convert or dismiss a case; (6) Fed. R. Bankr. P. 2002 and any other Fed. R. Bankr. P. to limit service of documents or notice otherwise prescribed by these rules; (7) L.B.R. 2090-1(c)(2) to appear pro hac vice; (8) Fed. R. Bankr. P. 3003(c)(3) to fix the time within which proofs of claim or interest may be filed; (9) L.B.R. 3022-1 to administratively close an individual Chapter 11 case; (10) Fed. R. Bankr. P. 4004(c) and L.B.R. 4004-1 to defer entry of a discharge order; (11) L.B.R. 5070-1(e) to reschedule a hearing; (12) L.B.R. 5070-1(g) for expedited consideration; (13) L.B.R. 7026-1(b) to compel responses to discovery requests; (14) Fed. R. Bankr. P. 9006(b) for an enlargement of the time when the motion is filed before the expiration of the period originally prescribed; (15) Fed. R. Bankr. P. 9006(c) for reduction of the time to act; (16) Fed. R. Bankr. P. 9023, if the motion does not include a request for a hearing, to alter or amend an order awarding an applicant less than the requested amount of compensation and reimbursement of expenses; and (17) Fed. R. Bankr. P. 9037 to limit or prohibit electronic public access to a filed document. (b) Content. A motion shall -71- (1) identify the movant, the nature of the relief sought, and the basis for the relief sought, and (2) contain a statement that the movant does or does not consent to the entry of a final order or judgment by the court if it is determined that the court, absent consent of the parties, cannot enter a final order or judgment consistent with Article III of the United States Constitution. (c) Proposed Order.

The movant shall file and serve with the motion a proposed form of order which, if entered by the court, would grant the relief sought by the motion. (d) Service. The movant shall serve a copy of the motion and the proposed form of order on those listed on the Clerk’s Service List. (e) Certification of Service.

The movant shall file a certification of service as required by L.B.R. 9014-4

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