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RULE 9013-1. MOTION PRACTICE

Chapter: 
PART IX. GENERAL PROVISIONS

A.      Applicability

1.      Bankruptcy Case.  The procedures of this Local Rule shall apply to all motions filed in bankruptcy cases except for those particular motions governed by Neb. R. Bankr. P. 1007-1(B) or 1017-1, motions for relief from the automatic stay under Neb. R. Bankr. P. 4001-1, and proceedings filed pursuant to 11 U.S.C. §§ 362(c)(3), 362(c)(4), and 521(a)(6) automatic stay extensions or terminations. 

2.      Adversary Proceedings.  The procedures of this Local Rule shall apply to all motions filed in adversary proceedings except for those particular motions included in  Appendix "A."

3.      Non-substantive Motions.  The procedures of this Local Rule do not apply to non-substantive motions, which will be considered by the Court without resistance or hearing, or to motions which are set for hearing regardless of objection or resistance.  Examples of motions which do not require compliance with Rule 9013-1 are included in  Appendix "A."

B.      Definition of Motion.  “Motion” for purposes of Neb. R. Bankr. P. 9013-1, 9017-1, and 9072-1includes headings and documents entitled “Motion,” “Application,” “Objection to Claim,” “Disclosure Statement,” “Plan,” and other documents.

C.      Form of Motion or Resistance.  All motions shall plead facts which establish that the moving party is entitled to the relief sought.  The motion shall cite statutory, case, or Rule authority for granting relief.  All motions, including motions for relief from stay, shall conclude with an unambiguous request for particular relief.  All resistances to any motion shall set forth the specific factual and legal basis and conclude with a particular request for relief.  Motions and resistances shall be served in conformance with this Neb. R. Bankr. P. 9013-1.  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. 

D.      Resistance Date.  Unless otherwise ordered or otherwise provided for in a Federal Rule of Bankruptcy Procedure (see Fed. R. Bankr. P. 4001(c) and (d) and 2002(b)), upon 21 days’ notice to creditors and interested parties entitled to notice, the Court will consider ruling on the motion pursuant to subsection I, unless a resistance or request for hearing is filed and served on or before the deadline provided in the notice of the motion.  If no resistance is timely filed and served, the Court will enter an order. 

E.      Notice.  At the time a motion is filed, the moving party shall serve the motion on, and shall provide notice to, all parties in interest and those that have requested notice pursuant to Fed. R. Bankr. P. 2002.  The notice shall state the specific calendar date by which any resistance or request for hearing must be filed and served.  The notice will be defective if it provides that a resistance or request must be filed within a specified number of days.

          In Chapter 13 proceedings, limited notice/service is approved for all post-confirmation pleadings once the bar date for non-governmental units to file a proof of claim passes.  Pleadings include application for fees, amended plans, and motions.  Pleadings shall be served on all parties in interest.  For purposes of these Rules, a party in interest is a party whose interest is directly affected by the motion, a creditor who has filed a proof of claim, a party who has filed a request for notice, any governmental agency or unit that is a creditor, and all creditors scheduled as secured or priority creditors.

F.      Proof of Service.  Proof of service of the separate notice and motion shall be filed contemporaneously with the motion.  The proof of service shall contain a list of recipients and shall attach a copy of the Matrix.  Any pleading filed with limited notice, as referenced under Neb. R. Bankr. P. 9013-1(E), shall include a certificate of service specifically stating it was served with limited notice on all parties in interest pursuant to Neb. R. Bankr. P. 9013-1(E). Failure to comply shall result in deferral of the motion until a proper certificate of service is filed. 

G.      Service on the United States.  Notice of a matter concerning an agency of the United States should be served on the United States Attorney General, the United States Attorney for the District of Nebraska, and the agency representative at the address reflected on Appendix "B."

H.      Withdrawal of Motions.  Any request to withdraw a motion must be filed and served upon all previously noticed parties.  As soon as a decision has been made to withdraw a motion, the moving party shall immediately notify the Courtroom Department.

I.      Hearings on Motions.  If the resistance period expires without the filing of any resistance or request for hearing, the Court will consider entering an order granting the relief sought without further notice or hearing.  If a timely resistance or request for hearing is filed and served, the Clerk shall schedule a hearing.  Parties shall exchange declarations or affidavits and documentary evidence before the hearing in accordance with Neb. R. Bank P. 9017-1.  Unless otherwise ordered, oral arguments will be scheduled in the courtroom.  A party may either appear in person or participate by telephone.

J.      Appearance at Hearings.  A party may either appear in person in the courtroom or participate by telephone.  The party desiring to participate telephonically must call the AT&T Conference Center at least five minutes prior to the commencement of Court.  The Clerk’s hearing notice contains all the required information for telephonic participation.  If a participant fails to call in, the hearing will go forward as scheduled.