Motions; Form and Service – Emergency Motions

(a) Emergency Hearing. An emergency hearing will only be scheduled where direct, immediate, and substantial harm will occur to the interest of an entity in property, to the bankruptcy estate, or to a debtor’s ability to reorganize, if the parties are not able to obtain immediate relief. (b) Procedure. To be considered on an emergency basis, a motion must include immediately beneath the title of the motion in bold print the words Emergency Hearing Requested, and below that a bulletin: (1) explaining the reason for the emergency; 51 (2) (3) stating the date by which the movant reasonably believes a hearing must be held; and certifying that the movant has made a bona fide effort to resolve the matter without a hearing, unless the motion is one that under Bankruptcy Rule 2002 must be served on the debtor, the trustee, all creditors, and all indenture trustees.

(c) Notice of Motion. Immediately after filing a motion requesting an emergency hearing, the movant must: (1) notify the judge’s chambers of the motion; and (2) in addition to any service requirements of the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order, email a copy of the motion to all interested parties for whom an email address is reasonably ascertainable. (d) Notice of Hearing. Immediately after the court issues a notice of hearing on an emergency motion, the movant must, in addition to any service requirements of the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order, email a copy of the notice of hearing to all interested parties for whom an email address is reasonably ascertainable.