(a) Seeking Relief.
(1) Motion, Application or Other Request for Relief.
(A) Documents to be Served. When a statute, rule, or Court order requires service of a motion or other pleading, service must include copies of the motion, including exhibits, notice, and any proposed order.
(B) Service of Documents. Service of the documents in (a)(1)(A) must be made on those parties against whom relief is sought pursuant to Fed. R. Bankr. P. 7004 and 9014, or as otherwise required by statute, rule, or Court order.
(C) Proposed Orders. All motions, applications, or other requests for relief must be accompanied by a proposed order on a separate document.
(2) Notice. When a statute, rule, or Court order requires “notice and a hearing” or other similar phrase, the following applies:
(A) Form of Notice. The movant must use the form of notice in substantial conformity with L.B.F. 9013-1.1. The notice must contain a specific statement describing the requested relief or intended action to be taken, in sufficient detail to meaningfully inform the parties receiving the notice.
(B) Notice of Deadline to File an Objection and Request for Hearing. The notice must state the specific date of the deadline to object and request a hearing, which must be a date on which the Court is scheduled to be open for business, and not just the number of days within which to object.
(C) Notice to All. For notice to all creditors and parties in interest, the movant must use, at a minimum, all of the addresses contained on the most current version of the Creditor Address Mailing Matrix.
(3) Service. In addition to providing notice of a motion, the movant must also serve the motion in the manner required by Fed. R. Bankr. P. 7004 whenever the interests of a particular creditor or other party in interest is directly affected by the proposed relief.
(4) Certificate of Service. When a statute, rule, or order requires a party to serve a document, the party must file a certificate of service specifically identifying who was served, when they were served, and the method of service. The certificate of service should be filed with the relevant document, but not later than three days after the filing of the document. Movant must use the form of certificate of service in substantial conformity with L.B.F. 9013-1.2.
(5) When Notice is Not Required. Whenever a movant requests relief that does not require a specific notice and deadline for objections:
(A) Presumptive Response Time. A party who wishes to oppose the requested relief must file a response or objection within 14 days from service of the motion.
(B) Ex Parte Relief. The Court may enter an order on an ex parte basis. Whenever the Court grants relief on an ex parte basis, any interested party may move for reconsideration within 14 days from the date of the order. The heightened standard of Fed. R. Bankr. P. 9023 will not apply when the motion seeks reconsideration of an ex parte ruling. Service of a motion to reconsider must comply with L.B.R. 9023-1.
(b) Objections and Requests for Hearing. Objections and requests for hearing must be filed with the Court and a copy thereof must be served upon attorney for the movant (or movant, if unrepresented) on or before the objection deadline set forth in the notice. Objections and requests for hearing must clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. The Court will not consider general objections. Failure of the responding party to timely file a written opposition may be deemed a waiver of any opposition to granting of the motion, the relief requested, or the action to be taken.
(c) Certificates Requesting Court Action.
(1) Movant’s Certificate of Non-contested Matter. In the event that no objection is filed or a stipulation has been reached, the movant should, not earlier than two days following the objection deadline set forth in the notice, file a Certificate of Non-contested Matter and Request for Entry of Order, L.B.F. 9013-1.3. The Certificate of Non-contested Matter must be verified by the movant, or movant’s attorney, and include all information and docket numbers required by L.B.F. 9013-1.3.
(2) Movant’s Certificate of Contested Matter. In the event that an objection is filed, the movant should, not earlier than two days following the date to object specified in the notice, file a Certificate of Contested Matter and Request for Hearing, L.B.F. 9013-1.4. The Certificate of Contested Matter must be verified by movant or movant’s attorney and include all information and docket numbers required by L.B.F. 9013-1.4. A copy of the Certificate of Contested Matter must be served on each respondent.
(3) Respondent’s Certificate of Contested Matter. Although the movant bears the burden of timely filing a Certificate of Contested Matter, the respondent may, not earlier than seven days following the date to object specified in the notice, file a Certificate of Contested Matter and Request for Hearing, L.B.F. 9013-1.4. The Certificate of Contested Matter must include all information and docket numbers required by L.B.F. 9013-1.4. A copy of the Certificate of Contested Matter must be served on the movant and any other respondent.
(1) Hearing. Upon the filing of the Certificate of Contested Matter, the Court may issue a notice of the date, time, and place of the hearing. The Clerk will serve the notice on the movant, respondent, and other parties as the Court may direct.
(2) Evidentiary or Non-Evidentiary Hearing. The notice of hearing will advise the parties whether the hearing will be an evidentiary or non-evidentiary hearing.
(3) Expedited Hearing. A motion for expedited hearing may be filed pursuant to Fed. R. Bankr. P. 9006(c) and L.B.R. 2081-1. Such request must be filed as a separate motion.
(e) Defective or Deficient Motion. Failure to comply with the motion, notice and service requirements of the Fed. R. Bankr. P. or these Rules may result in the denial of your motion, application, or other request for relief.
(f) Non-Prosecuted Motions. Any contested matter unresolved at the time the bankruptcy case is closed is moot and will be deemed denied for lack of prosecution.
(g) Application in Contested Matters. Discovery disputes in contested matters, including disputes regarding Rule 2004 motions, are subject to the requirements of L.B.R. 7026-1(d).
2017 Addition of 9013-1(a)(3): There is a difference between giving “notice” of a motion and “serving” a party with a motion. Generally speaking, all creditors should receive a general notice so that they have an opportunity to provide input on the proposed action, but parties whose individual rights may be directly impacted by the motion must be “served” with a copy of the motion and notice. For example, if the trustee wants to sell the debtor’s business “free and clear of any liens” (meaning the purchaser will acquire the property free of any pre-existing liens against the property), then the entire creditor body should be given notice of this proposed action, but in addition those creditors who hold liens of record against the property must be “served” with the motion. Giving notice may be as simple as sending the notice in the mail addressed to the post office box of the creditor. “Serving” a creditor whose lien rights may be impacted by the motion may require sending the notice, the motion, and all of its attachments to the creditor’s registered agent or a named officer of the company. Fed. R. Bankr. P. 7004 governs the manner in which a party must be served. This Rule refers to service of a complaint but it also applies to motions impacting individual party rights. The manner of service required under this Rule differs depending on the identity of the party. Governmental agencies must be served differently than a private company. An “insured depository institution,” which includes many banks, requires a completely different form of service. The purpose behind these technical rules governing service is to ensure that the motion and notice will be placed into the hands of decision makers more quickly than merely mailing it to a post office box.