Table of Contents             Next                  Previous

Local Bankr. R. 9014-1         Contested Matters and the Contested Matter Procedure.

1. The Federal Rules of Bankruptcy Procedure govern all Contested Matters filed with the Court. Unless a motion, application, or pleading does not follow the Contested Matter Procedure or is an exception to the Contested Matter Procedure as set forth in sections (m) and (n) of this Local Rule, the motion, application, or pleading should follow the Contested Matter Procedure.

2. Unless otherwise provided by applicable statute or rule, or unless the Court orders otherwise, this Local Bankr. R. 9014-1 shall be referred to as the “Contested Matter Procedure.”  This Rule shall govern all Contested Matters as defined by Federal Rule of Bankruptcy Procedure 9014, except for those motions, applications, or pleadings included on Appendix M or Appendix N of these Local Rules.

3. A Certificate of Service demonstrating that service has been made upon all parties entitled thereto by applicable Rule or Court order shall be filed with all documents referred to in this Contested Matter Procedure.

4. Commencement of Contested Matter. All Contested Matters shall contain a PROPOSED ORDER and a NOTICE. A list of the Court’s preferred forms of proposed orders for common motions is set forth here: The NOTICE shall include:

1. 1. A response deadline of fourteen (14) days or twenty-one (21) days, as applicable. See FRBP 2002(a) and 9014. The response deadline shall be set from the date the NOTICE was filed with the Court (the “Response Date”); and

1. 2. A statement that in the absence of a timely filed response, the proposed order may enter without further notice and hearing.

5. Response to Contested Matter.

Any response to the Contested Matter shall be no more than ten (10) pages, shall state the specific legal and factual bases therefore, be filed no later than the Response Date, and be served upon the party who filed the Contested Matter and all parties entitled to service.

6. Notice of Hearing.

Upon the timely filing of a response, a NOTICE OF HEARING shall be issued and sent by the Clerk’s Office to the party who filed the Contested Matter. The party who filed the Contested Matter shall then serve the NOTICE OF HEARING on all parties entitled to service and file a certificate of service evidencing that such service was made.

7. Reply.

Any Reply to the response shall be no more than five (5) pages and shall be filed no later than three (3) days before the scheduled hearing on the Contested Matter.

8. Initial Hearing. The first hearing scheduled in a Contested Matter (the "Initial Hearing"), will not be an evidentiary hearing at which witnesses may testify or documents will be admitted into evidence unless:

1. 1. The Court gives notice to the parties that such hearing will be an evidentiary hearing;

1. 2. The Motion or Application requests emergency relief.

1. Procedures for Initial Hearing. Unless the Court rules on the Motion during the Initial Hearing, the Court will conduct a status/scheduling conference to address the Contested Matter, which, unless otherwise ordered, will include stipulations concerning admissibility of documentary or other evidence, stipulations of fact, the filing and/or service of witness and exhibit lists with proposed exhibits, and the scheduling of an evidentiary hearing.

10. Continuances: Request for Continuance of Initial Hearing.

1. 1. At least seven (7) days before the scheduled Initial Hearing, a request by a party-in-interest for a continuance of the Initial Hearing, must be made by filing a Request for Continuance of Initial Hearing form.

1. 2. A Request for a Continuance of the Initial Hearing form can only be used in Contested Matters and not for motions, applications, and pleadings that do not follow the Court’s Contested Matter Procedure set forth in Appendix M, or for motions, applications, and pleadings that are Exceptions to the Contested Matter Procedure set forth in Appendix N.

1. 3. If the Request for Continuance of Initial Hearing is granted, a NOTICE OF FINAL HEARING, which states the date and time thereof, shall be sent by the Clerk’s Office to the party who filed the matter. The party who filed the matter shall then serve the NOTICE OF FINAL HEARING on all parties entitled to service and file a certificate of service evidencing that such service has been made.

1. 4. If the Request for a Continuance of Initial Hearing is not granted, the Contested Matter will be heard as scheduled.

11. Continuances: Motion for Continuance of Final Hearing.
    1. At least three (3) business days before the date set for the Final Hearing, a Motion for Continuance of the Final Hearing shall be made by motion and served upon all parties entitled to service. The motion shall state in detail the reasons for the requested continuance and state whether any prior continuance has been granted.
    2. If the Motion for a Continuance of the Final Hearings granted, a Notice of Continued Final Hearing, which states the date and time thereof, shall be sent by the Clerk’s Office to the party who filed the Contested Matter.  The party who filed the Contested Matter shall then serve the Notice of Continued Final Hearing on all parties entitled to service and shall file a certificate of service evidencing that such service has been made.
    3. Unless the motion for continuance is granted by the Court at least one (1) business day before the Final Hearing, the Contested Matter will be heard as scheduled.
12. Extension of Time Due to Continuance of Hearing.

Unless an order granting a continuance states otherwise, a continuance of the hearing on the Contested Matter automatically extends the time for filing and serving reply documents in accordance with the procedure governing the filing of a Reply as set forth in paragraph (f) of this Rule.

13. Motions/Applications/Pleadings that do not follow Contested Matter Procedure and may be scheduled for a hearing.

All motions, applications, and pleadings that do not follow the Court's Contested Matter Procedure and which may be scheduled for a hearing are set forth in Appendix M.

14. Exceptions to the Contested Matter Procedure.

All motions, applications, and pleadings that are Exceptions to the Contested Matter Procedure and which shall be set for a hearing are set forth in Appendix N.