LBR 7065-1. INJUNCTIONS

LBR 7065-1. INJUNCTIONS

(a) Adversary Proceeding Required. A temporary restraining order or preliminary
injunction may be sought as a provisional remedy only in a pending adversary proceeding, not in the bankruptcy case itself. An adversary complaint must be filed either prior to, or contemporaneously with, a request for issuance of a temporary restraining order (“TRO”) or preliminary injunction.
(b) Temporary Restraining Orders and Preliminary Injunctions.
(1) When a TRO is not requested, a preliminary injunction must be sought by noticed
motion and not by order to show cause.
(2) When a TRO is requested, a preliminary injunction must be sought by order to
show cause.
(3) If the TRO is granted without notice, the hearing on the order to show cause must
be set with 14 days after the entry of the TRO unless otherwise agreed by the
parties.
(4) If the TRO is denied or granted after reasonable notice, the court may set the
hearing on the order to show cause re preliminary injunction without regard to the
notice of motion requirements set forth in LBR 9013-1(d)(2).
(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security. A bond,
undertaking, or stipulation regarding security given in conjunction with the issuance of a TRO or preliminary injunction must satisfy the requirements of FRBP 7065(c) and
LBR 2010-1.
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