9013-1 Motion Practice

(a)   Motions Requiring Hearing.

(1)      All motions, applications, and requests for an order shall be filed electronically. All exhibits and materials supporting a motion shall be attached electronically to the motion.

(2)      Upon filing a motion requiring a hearing, the mover shall give notice of the motion to all parties entitled to notice under the Federal Rules of Bankruptcy Procedure and these Local Rules.

(i)       The notice shall set forth the motion's title, concisely describe the motion's content and the relief it requests, and any other information required by FRBP 2002. It also shall state the date, time and place of the scheduled hearing.

(ii)      The notice shall state that any party opposing the motion must file an objection or response no later than eight days before the scheduled hearing and must at the same time serve a copy of the objection or response on the mover or its counsel, and upon all other parties entitled to notice of the objection.

(iii)     The notice shall not state that the scheduled hearing will be held only if opposition is filed timely. Specifically notices stating that the court will hold a hearing if and only if an objection is filed are not permitted.

(b)   Motions Not Requiring Hearing. In addition to motions for which the Federal Rules of Bankruptcy Procedure or these Local Rules expressly provide, the following motions may be submitted for ex parte consideration without additional notice and opportunity for a hearing:

(1)      Extension of Time. Motions for extension of time for the performance of an act, if the motion is filed before the expiration of the period originally prescribed or as extended by previous orders;

(2)      Continuance. Joint motions signed by all counsel, or with consent of all parties, to continue a pretrial conference, hearing or trial;

(3)      Additional Parties. Motions to add parties;

(4)      Substitution. Motions for substitution of parties;

(5)      Joint Motions to Dismiss or Motions to Dismiss with Consent of All Parties. Joint motions to dismiss adversary proceedings, except motions subject to Local Rule 7041-1; and

(6)      Trustee's Administrative Motions. Motions for administrative orders requested by a trustee in cases under chapter 7, 11, 12 or 13.

(c)   Consensual Motions Concerning Automatic Stay. Consensual motions relating to the automatic stay are subject to Local Rule 4001-2.

(d)   Proposed Order. Upon filing any motion mover shall submit a proposed order in the manner prescribed by Local Rule 9013-5, except as otherwise provided in these Local Rules.

(1)      The order shall identify in its introductory phrase the mover, the motion to which the order relates and the date the motion was noticed for a hearing or actually heard by the court.

(2)      Orders submitted on motions for relief from the automatic stay also shall comply with Local Rule 4001-1(f).

(3)      The prevailing party, within two days, shall submit an order reflecting the ruling if it differs from the ruling in the previously submitted order.