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4.1 LBR 9013-1 Motions – General

LBR 9013-1, 9013-3
TNMB Website – ECF Docketing LBR 9013-1 Motions with Notice
See also, TNMB Website – ECF Docketing Responses/Objections to LBR 9013-1 Motions

4.1 LBR 9013-1 Motions – General
Local Bankruptcy Rule 9013-1 mandates the filing of “a majority of motions” on 21-day negative notice. Although the list is expansive, certain motions set by the Court for hearing are excluded from the 9013-1 rule. See, 9013-1(b). For an actual list of those motions, see the drop-down listing located on the CM/ECF “9013 Motions with Notice” menu. If you do not find your motion on that list, the special provisions of 9013-1 do not apply. If you read LBR 9013-1 and believe it does apply but cannot find your motion on our CM/ECF menu, inform the Clerk of Court. All 9013-1 motions should be available on the CM/ECF 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 website. Because 9013-1 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.
However, there are certain motions that are excluded pursuant to subparagraph (b) of the Local Bankruptcy Rule. Typically, they are motions that are acted upon by the Court without a need for a hearing or objection period, LBR 9075-1 motions, and most motions in adversary proceedings. See, LBR 9013-1 “If Objection” Exclusion List.

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(c)(2)).
To expedite a 9013 motion, see the section “Expediting Matters.”

4.1.1 The 9013-1 Process
In addition to the local bankruptcy Notice Form, the (1) motion requesting relief pursuant to LBR 9013-1, (2) proposed order mirroring the relief requested in the motion, and (3) certificate of service (evidencing that all documents referenced under LBR 9013-1 have been served in accordance with applicable law) should all be attached to the correct CM/ECF 9013-1 dictionary event. See, LBR 9013-3, Certificate of Service - Motions.
Do not upload proposed orders until such time as the deadline for parties to file responses or objections to the motion has passed. The Court will not enter the order prior to the objection and response deadline or “hold the order in suspense.”