LOCAL RULES (9004, 9007, and 9013) - Return to Index

RULE 9004 GENERAL REQUIREMENTS OF FORM

(a) Whenever any paper is offered for filing, the original shall be tendered to the Clerk, and not the individual judge. Additionally, each paper offered for filing:

(i) if in a Chapter 13 case, shall be accompanied by one copy.

(ii) shall bear the case number and chapter number, judge's initials, adversary and/or index number if applicable;

(iii) shall be fastened.

(b) The Clerk shall receive as tendered any document which does not comply with applicable rules and shall refer same to the Court.

RULE 9007 GENERAL NOTICE PROVISIONS

(a) When authority to act or relief is sought which can only be authorized or granted upon notice or "after notice and hearing" as such phrase is defined in 11 U.S.C. Sec. 102, the party requesting authority to act or relief shall serve the pleading or notice.

(b) When the Court has entered an order limiting the parties to whom notice be given or to whom copies must be sent or limiting the time to respond, the certificate of notice shall state the date and substance of such order.

(c) All notices shall set forth the general nature and substance of the act or relief sought and not just refer to a pleading on file with the Court. Any relief not adequately described so as to give general notice of the relevant factors to parties in interest may not be granted.

(d) The movant and respondent shall serve copies of their respective papers upon all parties on or before the date they are filed with the Clerk, and such papers must indicate the date and method of service. The certificate of service shall indicate the date, method of service and the names and addresses of all persons or firms served.

RULE 9013 MOTION IN CONTESTED MATTERS; "AFTER NOTICE AND HEARING", MOTIONS AND APPLICATIONS

(a) Decision Without Actual Hearing. If no response to a motion is filed within eleven (11) days, or within such additional or shorter period of time as may be fixed by the Court, the motion will be considered and decided without actual hearing unless (a) otherwise ordered by the Court, (b) a party requests an actual hearing within eleven (11) days from date or service of the motion, (c) Bankruptcy Rule 2002 requires hearing.

(b) Notice and Hearing. For those motions upon which actual hearing is requested, ordered, or required by Bankruptcy Rule 2002, the movant shall obtain a hearing date from the Clerk, and movant shall give notice of the date of the hearing.

(c) Certification Regarding Request for Emergency Hearing. Before requesting any emergency hearing, the proponent shall file with the Clerk a Certification verifying that the proponent:

(1) has carefully examined the matter and concluded that there is a true need for an emergency hearing, and

(2) has not created the emergency through any lack of due diligence.