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Contested Matters – Objections and Responses

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Local Rule Number: 
Rule 9014-2
9000 Series

(a)      Objection or Response Generally. A written objection to a motion or application, or a written response to an objection, must state the legal and factual basis for the objection or response.

(b)     Deadline for Objection or Response to be Considered at a Hearing in an Adversary Proceeding or a Chapter 7, 12, and 13 Case. In an adversary proceeding or a chapter 7, 12, or 13 case, except as set forth in (d) – and unless a different deadline is established by the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order – a written objection to a motion or application, or response to an objection, will not be considered by the court if it is not filed by 4:30 p.m. two business days before the hearing.

(c)      Deadline for Objection or Response to Be Considered at a Hearing in a Chapter 11 or Chapter 15 Case. In a chapter 11 or chapter 15 case, except as set forth in (d) – and unless a different deadline is established by the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order – a written objection to a motion or application, or response to an objection, will not be considered by the court if it is not filed:

(1)      at least seven days before a hearing set on at least 21 days’ notice; or

(2)      by 4:30 p.m. two business days before any other hearing.

(d)     Emergency Submission. If a party is unable to satisfy the deadlines set forth in (b) or (c) – and there is no different deadline established by the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order – the court may consider a late-filed objection to a motion or application, or response to an objection, if:

(1)      the objection or response states with particularity – in a bulletin immediately beneath the title of the document – the emergency nature of the filing or other exceptional circumstances causing an untimely filing;

(2)      the filing party promptly notifies the judge’s chambers of the late-filed document; and

(3)      in addition to any service requirements of the Bankruptcy Code, the Bankruptcy Rules, these rules, or a court order, the filing party emails a copy of the late-filed document to all interested parties for whom an email address is reasonably ascertainable.