Motions; Form and Service – Negative Notice

(a) In General. (1) The court may consider a motion filed in compliance with this rule without a hearing after expiration of the applicable negative notice period. This rule does not restrict a judge’s authority to grant relief 48 before expiration of the negative notice period, or to set a hearing on a motion listed in this rule. (2) A motion filed under this rule must not seek: (A) more than one form of relief; or (B) relief against an unrepresented debtor.

(3) Service. A motion filed under this rule must be served as required by the Bankruptcy Rules, these rules, any court order, or any other applicable law. (4) Proposed Order. If no timely response has been filed to a motion served on negative notice under this rule, the movant must upload the proposed order to CM/ECF no later than seven days after expiration of the negative notice period.

(b) Motions Considered on 21 Days’ Negative Notice. (1) Requirements. A motion requested to be considered on 21 days’ negative notice must: (A) include immediately beneath the title of the motion the following bulletin in bold print: the relief Under Local Rule 9013-3(b), requested herein may be granted without further motion, notice, or hearing if no written response or objection is filed and served within 21 days after service of this motion. and (B) attach as an exhibit a proposed order which must include in its preamble the following statement: “The movant by submitting this form of order has represented that the motion was served on all required parties; the 21-day response time provided by Local Rule 9013-3(b) has expired; no one has filed, or served on the movant, a response to the motion; and this form of order was attached as an exhibit to the motion.” 49 (2) Permitted Motions. The following motions may be considered on 21 days’ negative notice: • a motion under Bankruptcy Rule 1017(f)(2) to convert a case under § 706(a); • a motion under Bankruptcy Rule 3018(a)(4) to temporarily allow a claim or interest for purposes of voting to accept or reject a plan; • a motion under § 362(j) and Local Rule 4001-3(d) to confirm termination of the automatic stay under § 521(a)(6) for failure of an individual chapter 7 debtor to timely reaffirm a debt or redeem personal property from a security interest; • a motion under § 522(f), Bankruptcy Rule 4003(d), and Local Rule 4003-2, to avoid a lien or other transfer of exempt property; • a motion under Bankruptcy Rule 5009(d) to declare that a secured claim has been satisfied and the lien has been released; • a motion under Bankruptcy Rule 5010 to file amended schedules to add one or more creditors; • a motion under Bankruptcy Rule 6002(b) to determine whether a custodian’s administration has been proper; • a motion under Bankruptcy Rule 6007(b) to require the trustee or debtor in possession to abandon property of the estate; and • a motion under Bankruptcy Rule 9019(a) to approve a compromise or settlement, except in a chapter 13 case.

(c) Motions Considered on 14 Days’ Negative Notice. (1) Requirements. A motion requested to be considered on 14 days’ negative notice must: (A) include immediately beneath the title of the motion the following bulletin in bold print: the relief Under Local Rule 9013-3(c), requested herein may be granted without further motion, notice, or hearing if no written response or objection is filed and served within 14 days after service of this motion. and 50 (B) attach as an exhibit a proposed order which must include in its preamble the following statement: “The movant by submitting this form of order has represented that the motion was served on all required parties; the 14-day response time provided by Local Rule 9013-3(c) has expired; no one has filed, or served on the movant, a response to the motion; and this form of order was attached as an exhibit to the motion.” (2) Permitted Motions. The following motions may be considered on 14 days’ negative notice: • a motion under Bankruptcy Rule 4001(a) for relief from the automatic stay in a chapter 11 case; • a motion under Bankruptcy Rule 4001(a) for relief from the automatic stay in a chapter 7 case filed after commencement of the § 341 meeting of creditors; and • a motion under Bankruptcy Rule 4001(a) for relief from the automatic stay by a secured creditor in a chapter 13 case, filed after the debtor has confirmed a plan that does not provide for payments to the secured creditor, provides for surrender of the property secured by the secured creditor’s claim, or provides for direct payment of the secured creditor’s claim outside of the plan.

(3) Consent to Extension of § 362(e) Time Periods. A motion for relief from the automatic stay filed on negative notice under this rule constitutes a consent to an extension of the 30- and 60-day time periods set forth in § 362(e) to the date that is 60 days after the date a notice of hearing on the motion is issued.