Rule 2081-1 : Chapter 11 – Initial Motions


(a) Initial Motions: During the first twenty-one (21) days following entry of the Order for Relief, the debtor may obtain expedited consideration for entry of orders by filing a Motion Seeking Expedited Entry of Order(s) and Notice of Impending Hearing Thereon (the “Motion”) as follows:

(1) Motion: The Motion must contain sufficient factual recitations regarding the nature of the debtor’s business and the need for the types of relief sought. The Motion need not be accompanied by briefs or authorities. The movant must certify that the relief sought by the Motion is needed by the debtor on an expedited basis. If the Motion requests more than one (1) order, the motion must separately identify and discuss each requested relief or intended action.

(2) Cover sheet: The Motion must be accompanied by a cover sheet in substantial conformity with L.B. Form 2081-1.1.

(3) Affidavits: The Motion must be accompanied by one or more factual affidavits by a representative of the movant or executed by an individual having personal knowledge of the facts therein supporting the requested relief.

(4) Notice: The Motion must be accompanied by a notice in substantial conformity with L.B. Form 2081-1.2 and a copy of a response form in substantial conformity with L.B. Form 2081-1.3.

(5) Proposed Order: The Movant must file a proposed order for each type of requested relief. The proposed order must clearly state the relief requested, but should not contain proposed findings of fact or conclusions of law.

(b) Service of the Motion:

(1) Service on the United States Trustee: A copy of the Motion, cover sheet, affidavits, notice, and proposed orders must be hand-delivered or e-mailed to the United States Trustee, either before or within four (4) hours after the Motion is filed.

(2) Service on other parties: A copy of the Motion, cover sheet, affidavits, notice, and proposed orders must be served by hand-delivery, over-night mail, facsimile or e-mail initiated on the day the Motion is filed, to:

(A) any appointed chapter 11 trustee or examiner,

(B) any creditors’ or equity security holders’ committee pursuant to L.B.R. 2081-2,

(C) if there is no committee, the 20 largest unsecured creditors,

(D) any indenture trustee,

(E) the IRS and other relevant government entities,

(F) all parties who have requested notice, and

(G) any party whose interest in property of the estate will be directly affected by any order requested; and

(H) the United States Trustee.

(c) Hearing:

(1) Scheduling the Hearing: The chambers of the judge assigned to the case will provide movant’s counsel with a hearing date to be held that is, if possible, not more than three (3) court days after the date of the filing of the Motion. For purposes of this hearing only, if the judge’s calendar cannot be arranged to accommodate a hearing within three court days, the judge’s staff will notify the Clerk of the court who may refer the matter to any other available judge.

(2) Service of Notice of Hearing: As soon as the movant is notified of the hearing date, the movant must serve notice of the date and time of the hearing in substantial conformity with L.B. Form 2081-1.4 to:

(A) parties who were served with copies of the Motion; and

(B) those parties who have requested notice in the case or those who have responded to the Motion on L.B.Form 2081-1.3.

The movant must notify each of the above of the date, time and place of the hearing by e-mail or facsimile, as requested in such party’s response, within the later of: (i) four (4) hours after movant receives responder’s request for notice, or (ii) four (4) hours of being notified by the court of the date and time of the hearing.
(3) Proof of Service: The debtor must file an affidavit of compliance with the service requirements of this L.B.R. prior to the commencement of any hearing pursuant to this L.B.R.

(4) Objections: Parties may file an objection in writing prior to the hearing and/or may appear at the hearing to state or supplement their objection orally.

(5) Procedure at Hearing: At any hearing set pursuant to this L.B.R., the parties will proceed in accordance with the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence. The movant must be prepared to present evidence in support of its Motion. Any unopposed request may be granted in the court’s discretion on the basis of affidavits, arguments, or representations of the parties or counsel, as appropriate.

(d) Orders: At the conclusion of any hearing held pursuant to this L.B.R., the court will make such findings of fact only as are supported by the record and will:

(1) enter or deny any or all of the orders requested,

(2) enter any or all of the orders requested on an interim basis pending such additional notice as the FED. R. BANKR. P. or the court may direct, and/or

(3) continue the hearing with respect to any or all of the orders requested. Only interim orders will be entered pursuant to this L.B.R. respecting cash collateral or post-petition financing.

(e) Other Expedited Relief: The availability of expedited consideration of motions under this L.B.R. will not preclude ex parte relief or other emergency relief where appropriate upon specific request.

Commentary

[Source: GPO 2002-6; GPO 2013-1] January 1, 2014.

See L.B. Forms 2081-1.1 through 2081-1.4. January 1, 2014.