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Rule 9013-1. Motion Practice

Chapter: 
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. Subject to the exceptions below, when a motion is filed, the movant must serve the motion and notice under Local Rule 9013-1 on all parties on the court’s current and complete mailing matrix. The movant must ensure the mailing matrix includes all parties in interest and those requesting notice under Fed. R. Bankr. P. 2002. The movant must file a certificate of service and attach to it a copy of the complete mailing matrix generated by the CM/ECF System, dated as of the date of service. The certificate of service must include the manner of service for each recipient.

            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 a Chapter 13 case, after the bar date for non-governmental units to file a proof of claim passes, the movant may serve a post-confirmation motion and the notice under Local Rule 9013-1 only on the following recipients: all parties whose interest is directly affected by the motion, those requesting notice under Fed. R. Bankr. P. 2002, all creditors who filed a proof of claim, and any governmental agency or unit that is a creditor. The movant must file a certificate of service and attach to it a copy of the complete current mailing matrix generated by the CM/ECF System, dated as of the date of service with the parties who were not served clearly crossed out. The certificate of service must include the manner of service for each recipient. The certificate of service must state it was served with limited notice under this Local Rule 9013-1(E).

            F.        Motion to Limit Notice. For good cause, a party may file a motion to limit notice. The motion must be captioned “Motion to Limit Notice”, must be filed separately from the underlying motion, and cannot seek other relief. The motion must state the request and the reasons why service on the entire matrix is not warranted. The movant does not have to serve the motion for order to limit notice, which the court may determine ex parte.

            G.        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.

            H.        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.