LBR 2081-1. CHAPTER 11 CASES
LBR 2081-1. CHAPTER 11 CASES(a) Motions Requiring Emergency or Expedited Relief. Subject to FRBP 6003, the
following motions may be heard pursuant to LBR 9075-1 either as an emergency motion or on shortened time:
(1) Motion to limit notice;
(2) Motion to extend time to file schedules and statement of financial affairs;
(3) Utility motion pursuant to 11 U.S.C. § 366;
(4) Motion to establish procedures for handling multiple reclamation claims;
(5) Request for regularly scheduled hearing dates. Upon request of a debtor, the court
may establish a fixed date and time for hearing all motions and other matters in a
chapter 11 case. Once ordered, the dates and time, and exceptions, if any, will be
made available through the clerk’s office and posted in advance on the court’s
(6) Motion to pay prepetition payroll and to honor prepetition employment procedures. The motion must be supported by evidence that establishes:
(A) The employees are still employed;
(B) The necessity for payment;
(C) The benefit of the procedures;
(D) The prospect of reorganization;
(E) Whether the employees are insiders;
(F) Whether the employees’ claims are within the limits established by 11 U.S.C. § 507; and that
(G) The payment will not render the estate administratively insolvent;
(7) Motion to honor and comply with customer obligations and deposits. The motion
must be supported by evidence that relief is essential to business operations and
customer confidence or that the estate may suffer postpetition damages that would
prejudice creditors, the reorganization, or the value of property of the estate;
(8) Motion to pay prepetition taxes. The motion must be supported by evidence that
(A) The necessity for payment;
(B) The prospect of reorganization;
(C) The means to pay;
(D) That the taxes to be paid are entitled to priority pursuant to 11 U.S.C.
§ 507; and that
(E) The payment will not render the estate administratively insolvent;
(9) Motion for emergency use of cash collateral, debtor in possession financing, or
(10) Motion for order establishing procedures for sale of estate’s assets;
(11) Appointment of a patient care ombudsman under 11 U.S.C. § 333; and
(12) Other motions where special circumstances exist. The motion must be supported
by evidence that exigent circumstances exist justifying an expedited hearing.
(b) Prepackaged Plans. A hearing on a motion for order confirming a chapter 11 plan uponwhich voting was conducted before commencement of the case pursuant to 11 U.S.C. § 1126(b) must be scheduled, if practicable, no more than 30 days after the order for relief.
(c) Severance Compensation or Employee Incentive Motions.
(1) Notice. A motion for approval of a severance compensation package or employee incentive program must be heard on regular notice, absent exigent circumstances.
(2) Standard. The motion must state whether the employee is an insider. If so, the
motion must state whether the insider has a bona fide job offer from another
business at the same or greater rate of compensation and establish the elements of
11 U.S.C. § 503(c).