9014-1. CASE MOTIONS AND OBJECTIONS

9014-1. Case Motions and Objections.

(a) Matters Covered By Rule. This rule shall apply to any motion, application or objection with respect to which the Bankruptcy Code provides that relief may be obtained after “notice and a hearing” or similar phrase, but does not apply to: (1) motions for relief from the automatic stay; (2) proceedings that must be initiated by complaint under Bankruptcy Rule 7001 (adversary proceedings) or motions therein; (3) hearings on approval of disclosure statements and confirmation of Chapter 11, 12 and 13 plans; and (4) matters that may properly be presented to a Judge ex parte.
(b) Procedures For Hearings and Disposition.

(1) Hearing Required. Unless otherwise ordered, the following shall be set for an actual hearing:

(A) Motions governed by Bankruptcy Rule 4001 (b), (c), and (d) other than motions to approve agreements to modify or terminate the automatic stay;

(B) Hearings on applications for compensation or reimbursement of expenses, totaling in excess of $1,000, other than applications for compensation for appraisers, auctioneers, and real estate brokers;

(C) Motions to dismiss a case, other than a debtor’s request for dismissal under 11 U.S.C. §§ 1208(b) or 1307(b), or a Chapter 13 trustee’s request for dismissal under 11 U.S.C. § 1307(c);

(D) Motions to appoint a trustee or an examiner; and

(E) Objections to a debtor’s claim of exemption.

(2) Hearing Permitted. In addition to the required hearings described in B.L.R. 9014-1(b)(1), any matter within the scope of this rule may be set for a hearing.

(3) Notice and Opportunity for Hearing. Unless otherwise ordered, a party in interest may initiate a request for relief, without setting a hearing, regarding any matter within the scope of this rule, other than those matters described in B.L.R. 9014-1(b)(1).

(A) Notice. A request for relief governed by B.L.R. 9014-1(b)(3) shall be accompanied by a Notice and Opportunity for Hearing and shall state conspicuously:

(i) That Bankruptcy Local Rule 9014-1 of the United States Bankruptcy Court for the Northern District of California prescribes the procedures to be followed and that any objection to the requested relief, or a request for hearing on the matter, must be filed and served upon the initiating party within 21 days of mailing of the notice;

(ii) That a request for hearing or objection must be accompanied by any declarations or memoranda of law the party objecting or requesting wishes to present in support of its position;

(iii) That if there is not a timely objection to the requested relief or a request for hearing, the Court may enter an order granting the relief by default; and

(iv) Either:

(a) That the initiating party will give at least 7 days written notice of hearing to the objecting or requesting party, and to any trustee or committee appointed in the case, in the event an objection or request for hearing is timely made; or

(b) The tentative hearing date.

(B) Procedure for Tentative Hearing Dates. A tentative hearing shall be set at least 14 days after the last date for parties to file objections or requests for hearings in accordance with B.L.R. 9014-1(b)(3)(A)(i). The tentative hearing will not go forward unless an objection or request for hearing is timely filed and served, in which case the party initiating the proceedings under B.L.R. 9014-1(b)(3) shall file and serve not less than 7 days before the hearing, notice that the tentative hearing will be conducted as an actual hearing. Such Notice of Hearing is to be in writing, and is to be given to the objecting or requesting party, any trustee and any committee appointed in the case, and the Court. The Court will not schedule the matter on the judges calendar unless the Notice of Hearing has been filed and served timely. The initiating party shall also give 7 days telephonic notice to the Judge’s Calendar Clerk/Courtroom Deputy that the tentative hearing will be an actual hearing.

(C) Conduct of Hearing. At the hearing the Court will proceed in accordance with B.L.R. 3007-1 on objections to claims. On other matters in which the Court determines that there is a genuine issue of material fact, the Court may treat the hearing as a status conference and schedule further hearings as appropriate.

(4) Relief Upon Default. When no objection or request for a hearing has been filed or served within the time provided in B.L.R. 9014-1(b)(3)(A)(i), the initiating party may request relief by default by submitting a request for entry of an order by default and a proposed order. A copy of the original motion, application, or objection shall be attached to the request. The request shall be accompanied by a certificate of service of the papers initiating the request, and a declaration confirming that no response has been received.

(A) In the case of an objection to a claim, a motion to avoid a lien pursuant to 11 U.S.C. § 522(f), or other request for relief as against an identified, named entity, the request for entry of order by default shall be served upon the entity against whom relief is sought. If relief is sought against any entity that has filed a claim, all papers shall be mailed to the address shown on the proof of claim.

(B) In cases seeking relief generally, and not against an identified, named entity, the request for entry of order by default and related papers shall be served upon the debtor, any trustee, and any committee of unsecured creditors that has been appointed in the case.

(C) Upon filing of an appropriate request for entry of an order by default, with service in accordance with B.L.R. 9014-1(b)(4), the Court may grant the requested relief.

(c) Schedule For Filing of Papers.

(1) Where the matter is governed by B.L.R. 9014-1(b)(1), or the initiating party desires a hearing under B.L.R. 9014-1(b)(2), and relief is sought against an identified, named entity, the motion, notice of the hearing, supporting declarations, memoranda, and all other papers shall be filed and served at least 28 days before the actual scheduled hearing date. Any opposition shall be filed and served on the initiating party at least 14 days prior to the actual scheduled hearing date. Any reply shall be filed and served at least 7 days prior to the actual scheduled hearing date. Notwithstanding the foregoing, no responsive pleading to an objection to a claim of exemption shall be required.

(2) Where the matter is governed by B.L.R. 9014-1(b)(1) or (b)(2) and relief is sought generally, and not against an identified, named entity, the motion or application, notice of the hearing, supporting declarations, memoranda, and all other papers shall be filed and served at least 21 days before the actual scheduled hearing date. Any opposition to the requested relief shall be filed and served on the initiating party no less than 7 days before the actual scheduled hearing date.

(3) Where the matter is governed by B.L.R. 9014-1(b)(3), the initiating party may file and serve any reply to the objecting party’s opposition no less than 7 days before the hearing.

(d) Notice For Sale of Certain Personal Property. A Chapter 7 Trustee may, without the necessity of an order shortening time:

(1) Set for hearing on 7 days notice any motion to sell property of the estate free and clear of, or subject to liens, if the subject property is situated on leased premises for which the estate is accruing periodic administrative rent; and

(2) Move to assume and assign (but not just to assume) or to reject an unexpired lease of nonresidential real property where the debtor is the tenant as provided in B.L.R. 6006-1(a).

(3) Opposition to motions made pursuant to this subparagraph may be presented at or before the hearing.


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