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Rule 9013-1. Motion Practice

Part IX. General Provisions

            A.         General. A motion and any resistance must state the law and facts that support it and conclude with an unambiguous request for relief. This Local Rule applies to all motions filed in bankruptcy cases and adversary proceedings, except as specifically provided. A “motion” for purposes of this Local Rule, and Local Rules 9017-1, and 9072-1 includes any motion, application, objection to claim, disclosure statement, plan, and amended plan. This Local Rule does not apply to motions under Local Rule 1007-1(B) or to non-substantive motions, which the court may consider without resistance or hearing. Examples of motions to which this Local Rule does not apply are in Appendix O.

            B.         Resistance Deadline. The motion must be served with a notice identifying the resistance deadline – the specific calendar date by which a resistance or request for hearing must be filed. A notice is defective if it states a resistance or request must be filed within a specified number of days instead of a specific calendar date. Unless otherwise ordered by the court or provided in a Federal Rule of Bankruptcy Procedure (see, e.g., Fed. R. Bankr. P. 4001(c) and (d) and 2002(b)), on 21 days’ notice to parties in interest entitled to notice, the court may consider ruling on a motion and may enter an order, without further notice or hearing, unless a resistance is filed and served on or before the resistance deadline stated in the notice of the motion.

            C.         Service / Notice. When a motion is filed, the movant must serve the motion and notice on all parties in interest and those requesting notice under Fed. R. Bankr. P. 2002 and file a certificate of service of the motion and notice. The certificate of service must include a list of recipients or mailing matrix which shows the names and addresses of the parties served and the manner of service. The certificate of service for any motion filed in a Chapter 13 case with limited notice under Local Rule 9013-1(E), must state it was served with limited notice on parties in interest as defined by Local Rule.

            D.        Service on the United States. The movant must serve any motion concerning an agency of the United States on the United States Attorney General, the United States Attorney for the District of Nebraska, and the agency representative.

            E.         Limited Notice in Chapter 13 Cases. In Chapter 13 proceedings, after the bar date for non-governmental units to file a proof of claim passes, the movant may serve a post confirmation motion only on parties in interest. For purposes of this Local Rule, a party in interest is a party whose interest is directly affected by the motion, a creditor who filed a proof of claim, a party who filed a request for notice, any governmental agency or unit that is a creditor, and all secured and priority creditors.

            F.        Withdrawal of Motions. Any withdrawal of a motion must be filed and served on all previously noticed parties. When the movant decides to withdraw a motion, the movant must immediately notify the courtroom department.

            G.        Hearings on Motions. If a resistance is timely filed, the clerk will schedule a hearing, unless a hearing was already scheduled. Unless otherwise ordered by the court, a party must appear in person in the courtroom or participate by telephone. The party participating telephonically must call in at least five minutes before the scheduled hearing time. The hearing notice will contain the information to participate by telephone. If a party does not call in, the hearing will proceed as scheduled.