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Rule 9013-1. Motions in Contested Matters

Chapter: 
Part IX. General Provisions
  1. Applicability. This Local Rule applies to all motions filed in bankruptcy cases, except as specifically provided. A "motion" for purposes of this Local Rule includes any motion, application, objection to claim, disclosure statement, and plan. This Local Rule does not apply to non-substantive motions, which the court may consider without a hearing. Examples of motions to which this Local Rule does not apply are in Appendix F.
     
  2. Resistance Deadline. A 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. The resistance deadline is at least 21 days after the date the motion is filed, unless otherwise provided in a Federal Rule of Bankruptcy Procedure (see, e.g., Fed. R. Bankr. P. 4001(c) and (d) and 2002(b)). The court may rule on a motion without a hearing if no resistance is timely filed.
     
  3. Notice to Non-CM/ECF Participants. Unless otherwise limited by the Federal Rules of Bankruptcy Procedure or these Local Rules, when a motion is filed, the movant must serve the motion and the notice under Local Rule 9013-1(B) on all parties in interest who may be affected by the motion or by the relief sought who do not receive notice through the CM/ECF System. Depending on the relief sought, parties in interest may include anyone against whom relief is sought, anyone who filed a request for notice, any creditor who filed a proof of claim, anyone claiming a lien on or interest in any affected property, the debtor if pro se, and/or any other entity required to be served by the Federal Rules of Bankruptcy Procedure or these Local Rules. In Chapter 11 cases, parties in interest may also include each member of any committee authorized under the Bankruptcy Code, or if no committee is appointed, the 20 largest unsecured creditors.
     
  4. Notices to Creditors Whose Claims are Filed. In cases under Chapter 7, Subchapter V of Chapter 11, Chapter 12, and Chapter 13, after the bar date for non-governmental units to file a proof of claim passes, all motions otherwise required to be served on the entire court matrix may be served only upon the debtor, creditors that hold claims for which proofs of claim have been filed, and creditors, if any, that are still permitted to file claims because an extension was granted under Fed. R. Bankr. P. 3002(c)(1) or (c)(2), and parties who filed a request for notice.
     
  5. Notice to 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.
     
  6. Motion to Limit Notice. A motion to limit notice must be filed separately from the underlying motion and cannot seek other relief. The motion must establish good cause to limit notice. The movant does not have to serve the motion to limit notice.
     
  7. Withdrawal of Motions. A withdrawal of a motion must be served on all previously noticed parties.