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Settlement of Matters

Local Rule Number: 
Rule 9019-1
9000 Series

(A)       If a motion to compromise or settle pursuant to Bankruptcy Rule 9019 is filed on negative notice as otherwise permitted by Local Rule 9013-1(D)(3)(b), and no opposition to the motion is timely filed with the court, the movant shall submit a proposed order pursuant to Local Rule 5005-1(G), including the following language in the order’s preamble:

“and the movant by submitting this form of order having represented that the motion was served on all parties required by Bankruptcy Rule 2002 or Local Rule 2002-1(H), (I) or (J), that the 21-day response time provided by Local Rule 9013-1(D) has expired, that no one has filed, or served on the movant, a response to the motion, and that the form of order was attached as an exhibit to the motion”.

If a motion to compromise or settle relates in whole or in part to an adversary proceeding, the motion to compromise or settle pursuant to Bankruptcy Rule 9019 shall be filed in the main bankruptcy case and a notice of the filing of the motion shall be filed in the affected adversary proceeding. If such a motion is granted in the main bankruptcy case, in addition to submitting a proposed order for entry in the main bankruptcy case granting the motion to compromise or settle, counsel for the movant shall submit a proposed order or judgment for entry in the adversary proceeding resolving the adversary proceeding consistent with the approved compromise or settlement, and such order or judgment shall include a direction to the clerk to close the adversary proceeding, if appropriate.

(B)       Any stipulation to settle an adversary proceeding or contested matter with a pro se debtor must be set for hearing.

☞2015 Amendment:    Rewritten to eliminate requirement to file certificate of no response or settlement and request entry of order.