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3.1 LBR 9013‐1 Motions – General

Local Bankruptcy Rule 9013-1 mandates the filing of certain motions on 21 day negative notice. Note the use of the words “certain motions” – although the list is expansive, 9013 motions are the exception, not the rule (so to speak). For an actual list of those motions, see the drop down listing on the CM/ECF “9013 Motions with Notice” menu. If you do not find your particular motion on that list, the special provisions of 9013 do not apply. If you read LBR 9013 and believe it does apply but cannot find your motion on our CM/ECF menu, inform the Clerk of Court. All 9013 motions should be available on the menu.

LBR 9013-1 directs the movant to file and serve the motion together with an LBR 9013-1 Notice, a copy of the proposed order, and a certificate of service. The hearing notice is completed by referencing the 9013 Availability Calendar located on the Court’s web site. Because 9013 permits entry of movant’s order on default of the respondent, a hearing on the motion will only be placed on the Court’s hearing docket in the event a timely response is properly filed.

What motions invoke LBR 9013? The beginning text of the rule provides the answer. “Whenever Title 11 of the United States Code, any rule or any order authorizes an act ‘after notice and a hearing’ or similar phrase . . . .” However, pursuant to subparagraph (b) of the Local Bankruptcy Rule, certain motions are excluded from 9013's unique notice and default provisions. See, LBR 9013-1 “If Objection” Exclusion List. Additionally, subparagraph (d) of the Local Bankruptcy Rules directs you to certain other local rules with which you must comply if you are filing certain motions.

Please note: Responses to LBR 9013 motions “shall state prominently the deadline for filing responses, the date, time, location, and specific Courtroom (if applicable) of the scheduled hearing and a description of the motion or NOTICE to which it relates.” (LBR 9013-1(a)(4).)

To expedite a 9013 motion, see the section “Expediting Matters.”