United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 202

Notice and a Hearing

(a) Applicability: The provisions of this Rule shall apply:

(1) whenever an order is to be entered or other action is to be taken after "notice and a hearing," or similar phrase, as required under the Bankruptcy Code or in the Federal Rules of Bankruptcy Procedure, including Fed.R.B.P. 9014;

(2) to motions to confirm or modify chapter 13 plans; or

(3) whenever the court directs.

(b) Motion and Notice of Opportunity for Hearing: (1) The motion and accompanying notice shall be filed in original form only together with an certificate of service evidencing compliance with the service requirements of Fed.R.B.P. 9014. Notice of Opportunity for Hearing on the motion shall:

(1) be in substantial conformity with L.B.F. 202.1, Notice;

(2) contain a specific statement of the relief requested, action intended or claim, including the amount of fees to be paid pursuant to Fed.R.B.P. 2002(c)(2), if applicable; amount of debt to be incurred; amount of payment to be made; the basic terms and provisions of a settlement or compromise; or, with respect to a proposed sale of property, a description of the property, the time and place of any public sale, and the terms and conditions of any private sale, all sufficient to meaningfully inform the parties of the intended action or claim;

(3) set the last date on which an interested party may file an objection and request for hearing on the motion which shall be not less than fourteen (14) calendar days after the date of service, except that

(A) notices under Fed.R.B.P. 2002(a) shall be not less than twenty (20) calendar days; and

(B) notices under Fed.R.B.P. 2002(b) shall be not less than twenty-five (25) days.

Note: L.B.R. 202 has been amended by the addition of paragraph (b)(3)(c). Please refer to GPO 2004-3

Notices under Fed.R.B.P. 3007 shall be not less than thirty (30) days after the date of service, and when notice is served by mail, three (3) days shall be added to the prescribed periods pursuant to Fed.R.B.P. 9006;

(4) be given by the movant to all parties in interest at their addresses of record pursuant to Fed.R.B.P. 2002(g), and to such other parties as the Federal Rules of Bankruptcy Procedure may specify or the court may direct.

(c) Opposition and Request for Hearing: Objections and requests for hearing shall be filed with the court in original form only, and a copy thereof shall be served upon counsel for the movant on or before the date set forth in the notice. Service may be by mail and shall be complete upon mailing. Objections and requests for hearing shall clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered. Failure of the responding party to timely file written opposition may be deemed a

waiver of any opposition to granting of the motion or the action to be taken.

(d) Movant's Certificate of Contested Matter or Non-Contested Matter: (2) Not earlier than three (3) court days following the date specified in the notice pursuant to section (b)(3) of this Rule, the movant shall submit a single copy of either a Movant's Certificate of Contested Matter and Request for Hearing, L.B.F. 202.2, Movant's Contested Certificate, or a Certificate of Non-Contested Matter and Request for Entry of Order, L.B.F. 202.3, Movant's Non-Contested Certificate, and shall include as exhibits attached:

(1) a copy of the motion and all documents attached thereto and served therewith;

(2) a copy of the notice;

(3) a copy of the certificate of service of the motion and the notice;

(4) a copy of all written objections to the motion and requests for hearing, if any; and

(5) a proposed order. In chapter 13 cases, the proposed

order for confirmation of a plan shall be in substantial conformity with L.B.F. 202.5, 13 Order.

(e) Respondent's Certificate of Contested Matter: Not earlier than three (3) court days after the date specified in the notice pursuant to section (b)(3) of this Rule, and after filing an objection and request for hearing pursuant to section (c) of this Rule, the Respondent may submit a single copy of a Respondent's Certificate of Contested Matter and Request for Hearing in substantial conformity with L.B.F. 202.4, Respondent's Contested Certificate, and shall include as exhibits attached:

(1) a copy of the notice;

(2) a copy of the written objection to the motion or request for hearing; and

(3) a proposed order (for an order granting motion to confirm and confirming plan, see L.B.F. 202.5, 13 Order).

(f) Hearing and Oral Argument:

(1) Contested Matters: Motions for which opposition has been filed and so stated on the Certificate shall be set for hearing. Notice of the date, time and place of hearing shall be mailed by the Clerk to the movant and respondents at their addresses or their attorneys' addresses of record and to such other parties as the court may designate.

(2) Non-Contested Motions: Motions with no opposition and so stated on the Certificate shall be submitted to the Judge for further action.

(3) Defective or Deficient Motions: The Court may deny, sua sponte, any motion, the notice of which is subject to the provisions of this Rule and which notice does not comply with this Rule. Any such denial shall be without prejudice.

(4) Non-Prosecuted Motions: At the time the bankruptcy case is closed pursuant to sections 350, 707, 930, 1112, 1208, or 1307 of title 11, all pending motions for which no certificate has been submitted pursuant to section (d) or (e) of the Rule shall be deemed abandoned for want of prosecution and the Clerk shall enter an order denying said motions. Any such denial shall be without prejudice.

(g) This Rule Shall Not Apply:

(1) to any pleadings, motions, or notices in adversary proceedings under Part VII of the Federal Rules of Bankruptcy Procedure;

(2) as otherwise provided by the Local Bankruptcy Rules;

(3) to hearing set under 11 U.S.C. 1125; and

(4) to hearings on confirmation of a plan pursuant to chapter 9, 11 or 12.

1. 1 Rule 202(b), rev. 12/1/99.

2. 2 Rule 202 (d)(3), rev. 12/1/99.