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RULE 9006-1. TIME PERIODS

Chapter: 
PART IX. GENERAL PROVISIONS

A.      Shortened Notice.  For good cause shown, a party may request that a hearing or bar date be set on notice shorter than would otherwise be required.

1.      Caption.  On all requests for expedited hearings or shortened notice, the caption of the motion shall include the language “Request for Expedited Hearing” or “Request for Shortened Notice.”  All motions for expedited hearings or shortened notice must be filed as separate motions and shall not be combined within the body of other relief. 

2.       Application.  All requests for a hearing or bar date to be set upon shortened notice shall state the nature of the request, the name of counsel for the opposing party, if known, the reasons for seeking an order shortening notice, and points and authorities in support thereof.  All such applications shall state facts that justify the setting of a hearing or bar date on shortened notice.  Notice of the application for order shortening time is not required.  The application for order shortening time will be determined ex parte by the Court, subject to the right of any party to object to the adequacy of notice pursuant to subsection B.

3.      Scope of Notice Required.  Unless otherwise ordered by the Court, the moving party shall give notice of both the order shortening time and the substance of the underlying motion to all parties to whom notice of the underlying motion is required to be given by the Federal Rules of Bankruptcy Procedure or by these Local Rules, as well as to any other party that is likely to be adversely affected by the granting of the underlying motion.

4.      Proof of Notice to be Presented at Hearing on the Substantive Motion.  It shall be the duty of the party that has obtained an order shortening time:

a.      Telephone Notice.  To make a good faith effort to advise all other parties and their counsel, if known, by telephone and confirming letter or by such other means as are reasonably calculated to give equally prompt notice of the date, time, and substance of the motion being scheduled for a shortened bar date or heard on shortened notice.

b.      Expected Appearance.  To advise the Court of efforts to contact other parties and their counsel and whether any other counsel, after such efforts to advise parties and their counsel, has requested to be present at the time the motion is presented to the Court.

c.      Transmittal of Papers.  To transmit all moving papers to all parties as soon as is practicable.

d.      Declaration of Notice.  To present a declaration or professional statement of the efforts to communicate with opposing parties and their counsel or present to the Court a declaration setting forth facts sufficient to show why the motion should be heard despite failure to contact opposing parties.

B.      Resistance to Shortened Notice.  At any time before the conclusion of the hearing on the underlying motion or before the expiration of the resistance period, any party may object to the adequacy of the notice received and seek a continuance for good cause shown.