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RULE 9019-1. SETTLEMENTS AND STIPULATIONS

Chapter: 
PART IX. GENERAL PROVISIONS

A.      Notification to Court of Settlement of Matter Scheduled for Hearing.  A party to a scheduled hearing shall immediately inform the Courtroom Department by (1) email at NEBml_Orders@neb.uscourts.gov; (2) telephone; or (3) other expeditious means when any matter set for hearing has been settled out of Court.  Upon receipt of notice of settlement, the Clerk shall cancel the hearing and direct the parties to file within 14 days a pleading which establishes that the matter was settled.

B.      Effect of Stipulations.  Except as otherwise provided by the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure, including without limitation Fed. R. Bankr. P. 4001, stipulations filed with the Court are binding upon the parties thereto in accordance with their terms.  Without limiting any notices otherwise required by the Bankruptcy Code, Bankruptcy Rules, or these Local Rules, a stipulation that provides for relief from the automatic stay which prohibits or conditions the use, sale, or lease of property, or provides for adequate protection, use of cash collateral, or obtaining credit shall not be enforceable between the parties or as against third parties, unless it is approved by the Court after notice and hearing as required by Fed. R. Bankr. P. 4001(d).  The party filing the stipulation must have in its possession the original document with all original signatures and retain such document. 

         Notwithstanding the foregoing, the Court may, in its discretion, approve a stipulation or agreement without further notice and hearing if: (1) an underlying motion (such as a motion for relief from stay or a motion to approve) has previously been served on all parties entitled to notice under Fed. R. Bankr. P. 4001(a) and (d); or (2) the stipulation or agreement contains an express representation of the debtor and the creditor that all parties entitled to notice under Fed. R. Bankr. P. 4001(a) and (d) have signed the stipulation or agreement.

C.      Stipulations Requiring Notice Under Fed. R. Bankr. P. 4001(d) or 9019.  Unless otherwise ordered by the Court, the notice requirement of Fed. R. Bankr. P. 4001(d) and 9019 may be satisfied by compliance with Neb. R. Bankr. P. 9013-1 as complemented by Fed. R. Bankr. P. 4001(d) or 9019.