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Motions; Form and Service – Relief Without a Hearing

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Local Rule Number: 
Rule 9013-2
9000 Series

(a)      In General. In addition to any motion or application that may be considered without a hearing under the Bankruptcy Code, Bankruptcy Rules or other applicable law, the court may consider a motion or application filed in compliance with this rule without a hearing. This rule does not restrict a judge’s authority to grant relief without a hearing on other types of motions or applications, or to set a hearing on a motion or application listed in this rule.

(b)     Requirements.

(1)      Motion or Application. A motion or application requested to be considered without a hearing must:

(A)      include immediately beneath the title of the motion or application in bold print:

Relief Requested Without a Hearing

and

(B)      attach as an exhibit a proposed order.

(2)      Service. A motion or application filed under this rule must be served as required by the Bankruptcy Rules, these rules, any court order, or any other applicable law.

(3)      Proposed Order. Immediately after filing the motion or application, the movant or applicant must upload the proposed order to CM/ECF. A motion or application filed under this rule will not be considered until a proposed order is uploaded.

(c)      Permitted Motions and Applications. The following motions and applications may be considered without a hearing:

  • an application under Bankruptcy Rule 1006 to waive the filing fee or pay it installments;
  • a motion under Bankruptcy Rule 1007(a)(5) or (c)(7) to extend the time for filing schedules, statements, or lists, if the requested extended deadline is no later than seven days before the § 341 meeting of creditors;
  • a motion under Bankruptcy Rule 1015(b) and Local Rule 1015-1 for joint administration of related chapter 11 cases;
  • a motion filed by a debtor under § 1208(b) to dismiss a case that has not been converted under § 706 or § 1112;
  • a motion filed by a debtor under § 1307(b) to dismiss a case that has not been converted under §§ 706, 1112, or 1208;
  • an application in a chapter 7 case under Bankruptcy Rule 2014 to approve the employment of an attorney or accountant under § 327(a) on an hourly basis without a postpetition retainer;
  • an application under Bankruptcy Rule 2014 to approve the employment of and fix the compensation for a real estate broker under § 327(a), if the application represents that the compensation terms are market terms for the engagement;
  • a motion by a trustee to remit to a debtor her or his allocable portion of a tax refund;
  • a motion by a debtor to terminate a wage deduction order;
  • a motion by an individual debtor in a chapter 11 case to administratively close the case after confirmation of a plan but before entry of a discharge;
  • a motion under Local Rule 4001-3 seeking confirmation that the automatic stay has terminated or is not in effect;
  • a motion under Bankruptcy Rule 4003(b) to extend the time to file an objection to a claimed exemption, if the debtor consents;
  • a motion under Bankruptcy Rule 4004(b)(1) to extend the time to object to a discharge, if the debtor consents;
  • a motion by a debtor under Bankruptcy Rule 4004(c)(2) to delay entering a discharge;
  • a motion under Bankruptcy Rule 4007(c) or (d) to extend the time to file a complaint to determine whether a debt is dischargeable, if the debtor consents;
  • a motion under Bankruptcy Rule 4008(a) to extend the time to file a reaffirmation agreement;
  • a motion under Bankruptcy Rule 5010 to reopen a chapter 7 case to administer additional assets;
  • a motion under Bankruptcy Rule 5010 to reopen an individual chapter 11 case that was closed after confirmation of a plan but before entry of a discharge;
  • a motion under Bankruptcy Rule 5010 to reopen a chapter 7, 11, or 13 case for an individual debtor who has completed an instructional course concerning personal financial management to file the certificate of course completion;
  • a post-confirmation motion by a debtor in a chapter 13 case to approve the sale of a homestead property, if the confirmed plan treated the homestead property outside the plan, the proceeds from the sale will be used to pay all claims secured by the homestead property in full, and the motion represents that the trustee does not object;
  • a motion under Bankruptcy Rule 6004(d) to approve the sale of property valued at less than $2,500;
  • a motion to shorten or extend the time to respond to a discovery request;
  • a motion to appear pro hac vice under Local Rule 9010-1(b);
  • a motion under Local Rule 9013-5 to continue a hearing, scheduling conference, pretrial conference, or trial;
  • a motion for permission to appear remotely at a hearing;
  • a motion under Fed. R. Civ. P. 43(a) to permit testimony in open court by contemporaneous transmission from a different location;
  • a motion under Bankruptcy Rule 9037(h) to redact a previously filed document;
  • a motion under District Court Administrative Order 2018-79, as amended by District Court Administrative Order 2019-87-A, to allow a specific person access to the courthouse with a specific electronic device for a specific purpose and period of time; and
  • any other motion in which the movant certifies that all affected parties have consented to the requested relief.