Motions and Applications Requiring a Statement of Position of the U.S. Trustee.

(a) When Required. In chapter 7, 11, and 12 cases, the Movant must request a statement of position from the U.S. Trustee for the following matters: (1) motions for extension of time for filing schedules and statements required by FRBP 1007 and LBR 1007-3; 54 Go to Table of Contents (2) applications to employ attorneys and other professionals including, but not limited to, accountants, appraisers, auctioneers, agents, and brokers pursuant to 11 U.S.C. § 327 or § 1103 and as required by LBR 2014 and 6005; and (3) applications for entry of final decree on consummation of a chapter 11 plan and governed by FRBP 3022. (b) Procedure. To obtain a statement of position, the Movant must, on the same day, file with the Court and serve on the U.S. Trustee’s Office at [email protected] the following: (1) the motion or application and all supporting Declarations or documents; and (2) a proposed order attached to the motion or application as an exhibit.

(c) The U.S. Trustee will only accept service at [email protected] for requests for statements of position in connection with the three matters set forth in LBR 9034-1(a). The Movant's email to the U.S. Trustee must clearly set forth a return email or mailing address. (d) For a motion for extension of time for filing schedules and statements, the U.S. Trustee has 7 days from the date of filing and service of the motion to file a statement of position which may include a request that the Movant set the matter for hearing. (e) For applications to employ attorneys and other professionals and for entry of final decree, the U.S. Trustee has 14 days from the date of filing and service of the application to file a statement of position that may include a request that the Movant set the matter for hearing.

(f) If the U.S. Trustee has no objection to a motion or application, the U.S. Trustee may file a statement of position. No service on the Movant is required. If the U.S. Trustee objects to the motion or application, the U.S. Trustee must file a statement of position with the Court with a Proof of Service showing service on the Movant at the email or mailing address provided in the request for a statement of position. (g) After the filing of, or the expiration of the time to file, a statement of position objecting to the motion or application, if no hearing is requested by the U.S. Trustee, the Movant may take any of the following actions: (1) submit an order to the Court requesting approval of the motion or application that references the docket entry number for any U.S. Trustee's statement of position; (2) file supplemental Documents in response to the statement of position; or 55 Go to Table of Contents (3) schedule a hearing with proper notice to the U.S. Trustee and other parties in interest.

(h) If the U.S. Trustee requests a hearing in the statement of position, the Movant must schedule the hearing with proper notice to the U.S. Trustee and other parties in interest.