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Hearings

Local Rule Number: 
Rule 9073-1
9000 Series

(A)       Notice of Hearing.  Preparation by Clerk for Service by Required Party.  Except for those matters self-calendared under section (C) of this rule, for any paper filed requiring a hearing, the clerk will prepare a notice of hearing and return it to the party required to serve the notice within the time required by any applicable rule or order of the court, either electronically via the NEF or by mail from the BNC, depending on whether the attorney for the movant is a registered user who has filed an electronic notice of appearance in the case or proceeding.

(B)      Filing of Certificate of Service of Notice of Hearing. The movant shall file a certificate of service for that notice of hearing as required under Local Rule 2002-1(F). A request for relief as to which a notice of hearing is not timely served or a certificate of service timely filed may be denied sua sponte by the court without further notice or hearing.

☞2015 Amendment: Clarifies requirement for serving a notice of hearing and for filing a certificate of service.

(C)       Self-Calendaring of Certain Matters.  The court has issued guidelines for self-calendaring.  Attorneys and trustees who self-calendar hearings must serve notice and file a certificate of service as required by subsections (A) and (B) of this rule.  If the self-calendaring option is used to schedule a hearing on a motion for relief from stay, and the next available hearing date is scheduled beyond the 30 or 60 day provisions set forth in 11 U.S.C. §362(e), the movant will be deemed to have consented to voluntarily extending the deadline to the date of the next available calendar.

(D)       Conference With Opposing Attorneys Required.  If a motion seeks relief involving a debtor that is represented by an attorney, the trustee, or another particular adverse party that is represented by an attorney, the certificate of service for the notice of hearing shall include a certification that movant’s attorney has contacted counsel for all adverse parties to attempt to resolve the matter without hearing.
[Comment: See also Bankruptcy Rule 9011 (effect of signature) and Local Rules 7026-1(E) (motions to compel discovery) and 9076-1 (electronic service).]