(a) Pleadings must include a title that identifies the party
filing the pleading and a brief description of the nature of the
pleading. Example: XYZ Finance Company Motion for Relief From the
Stay for 2003 Ford Explorer. Responses, other pleadings, and
proposed orders filed after the initial motion should state the
title and the docket number of the motion to which it applies.
Example: Joe Debtor Response to XYZ Finance Company Motion for
Relief from the Stay for 2003 Ford Explorer (docket 17).
(b) Except as noted in (e), each pleading seeking an order
must include this immediately below the title:
This motion seeks an order that may adversely affect you. If you
oppose the motion, you should immediately contact the moving party
to resolve the dispute. If you and the moving party cannot agree,
you must file a response and send a copy to the moving party. You
must file and serve your response within 21 days of the date this
was served on you. Your response must state why the motion should
not be granted. If you do not file a timely response, the relief may
be granted without further notice to you. If you oppose the motion
and have not reached an agreement, you must attend the hearing.
Unless the parties agree otherwise, the court may consider evidence
at the hearing and may decide the motion at the hearing.
Represented parties should act through their attorney.
(c) Movants should check the individual judge’s web page to
determine whether the motion may be self calendared. If the motion
may be self-calendared, this language must be added at the end of
the notice:
There will be a hearing on this motion on [date] at [time] in
courtroom _____, [address].
(d) In addition to service required by the FED. R. BANKR. P.,
and except as noted in (e), the movant must serve the entities with
pleadings requesting an order, notices, and hearing settings:
Main case
Party against whom relief is sought and its counsel, if known;
Debtors;
Debtors’ counsel;
Trustee, if one has been appointed;
Examiner, if one has been appointed;
Committees, if any have been appointed;
Parties who have filed a notice of appearance;
Twenty largest unsecured creditors;
Parties claiming an interest in any property that is affected by the
motion;
Parties claiming a lien on any property that is affected by the
motion;
United States trustee;
Parties on whom the court has ordered notice.
Adversary Proceedings
Parties to the proceeding.
(e) The notice language, hearing settings, and service
requirements for the following matters are governed by the rules
noted, instead of BLR
9013-1(a-d):
Claim
Objections, Rule
3007
Motions for
Relief from Stay, Rule
4001
Employment
Applications, Rule
2014 and Rule
9003
Pro Hac Vice
Applications, Rule
9003
(f) Whenever service of a pleading, notice, or other document
is required under these rules or the Fed. R. Bankr. P, the serving
party must serve it within one day, excluding intermediate weekends
and holidays, after the pleading is filed. The serving party must
file a certificate of service including the name and address of
those served.
(g) Responses to Motions.
(1) Responses to motions to lift the
automatic stay are governed by BLR
4001-1. Responses to all other
motions are governed by FED. R. BANKR. P.
7008. Prior to filing a
response, counsel (or unrepresented parties) shall confer with movant to attempt to resolve the relief requested in the motion
without the necessity of a hearing. Responses must include a
certificate either that (i) a conference was held and that the
parties were unable to resolve the matter; or (ii) the specific
dates that the respondent attempted to contact the movant and the
reason why no conference was held.
(2) If no timely response is filed,
the court may grant the motion without a hearing.
(h) Each motion, application,
objection, and response filed with the court must be accompanied by
a proposed order.
(i) Some judges allow self-calendaring
of emergency motions through the judge’s web page. If
self-calendaring is not authorized, requests for emergency hearings
may be made in the pleading requesting the relief. No separate
motion requesting an emergency hearing is required. The emergency
motion must contain the word “Emergency” in the title of the motion.
The motion must include a detailed statement why an emergency exists
and the date relief is needed to avoid the consequences of the
emergency. The motion seeking an emergency hearing must be certified
for its accuracy by the party seeking the emergency relief or by its
counsel.
In addition to the notice required by BLR
9013-1(b), the movant must
include the following paragraph:
Emergency relief has been requested. If the Court considers the
motion on an emergency basis, then you will have less than 21 days
to answer. If you object to the requested relief or if you believe
that the emergency consideration is not warranted, you should file
an immediate response.
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