Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART IX. GENERAL PROVISIONS

RULE 9013-1 MOTIONS

A. Request for Relief Defined. A request for relief other than one required to be commenced under Bankruptcy Rule 7001 may be made by application or motion only. An application is a request for relief which requires approval of the Court and may be granted ex parte. A motion is a request for relief which requires service, notice, and opportunity for hearing, unless made at a hearing as permitted by Bankruptcy Rule 9013.

B. Separate Requests for Relief. Unless otherwise provided by the Court, motions containing multiple requests for relief will not be permitted except for certain limited exceptions authorized by Paragraph 11 of the ECF Guidelines. Similarly, affirmative requests for relief cannot be combined with an objection, response or reply to a motion or application. If a motion containing multiple requests for relief or an objection, response or reply containing an affirmative request for relief is filed, an order may be entered striking the motion, objection, response or reply and directing the filer to file separate motions or a separate objection, response or reply and a motion containing the request for relief.

C. Brief Required. A motion, application or response must specify the point or points upon which it is based and must be accompanied by a concise brief, unless excepted by subparagraph (I) of this rule or by the Court. A brief may be combined with the request for relief or response provided the title of the Document clearly so indicates. No brief longer than twenty (20) typewritten pages may be submitted without prior permission of the Court. Briefs exceeding fifteen (15) pages in length shall be accompanied by a table of contents showing headings or subheadings and by a table of authorities cited. Reply briefs are optional and not encouraged. A reply to a new matter raised in the response may be filed within five (5) days after the response is filed. Reply briefs shall not reargue the points and authorities included in the opening brief and shall be limited to five (5) typewritten pages in length. Sur-reply briefs are not permitted except by prior leave of court and may not exceed five (5) typewritten pages in length.

D. Time for Response. Each party serving a response to a request for relief must file and serve a file-stamped copy of it within the deadline set forth in the Notice of Opportunity for Hearing accompanying the request for relief. [Note – the deadline set forth in the Notice of Opportunity for Hearing sets forth the specific response time regardless of the manner of service.] See Local Rule 2002-1.D.

E. Failure to Respond. Any request for relief which is not opposed within the applicable response period may be deemed confessed and the relief granted ex parte and without further notice. See subparagraph L. of this rule.

F. Hearings. Hearings on requests for relief may not be conducted routinely unless requested or unless required by an applicable Bankruptcy Rule. When applicable, notice of a hearing may be combined in one Document with the request for relief, provided that the title of the Document indicates that such notice is contained therein. If the Court orders a hearing, the party requesting the relief is responsible for serving notice of the hearing date and time on all other interested parties and filing a certificate of service in compliance with Local Rule 9007-1.D. Any request for continuance of a hearing or trial must be made in writing and, unless otherwise allowed by a judge, filed with the Court at least twenty-four (24) hours prior to the scheduled date of the hearing or trial.

G. Notice of Opportunity for Hearing. Except for relief specified in subparagraph H. below, all motions or requests for relief shall include the following language in the title of the request for relief: “And Notice of Opportunity for Hearing.” The body of the motion shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING

Your rights may be affected. You should read this document carefully and consult your attorney about your rights and the effect of this document. If you do not want the Court to grant the requested relief, or you wish to have your views considered, you must file a written response or objection to the requested relief with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than * days from the date of filing of this request for relief. You should also serve a file-stamped copy of your response or objection to the undersigned movant/movant’s attorney [and others who are required to be served] and file a certificate of service with the Court. If no response or objection is timely filed, the Court may grant the requested relief without a hearing or further notice.

The * day period includes the three (3) days allowed for mailing provided for in Bankruptcy Rule 9006(f).

The moving party shall calculate the appropriate response time as allowed by applicable statute, rule or order. The response time shall be that period set forth in the Notice of Opportunity for Hearing calculated from the date of entry of the request for relief on the docket regardless of manner of service, unless a different response time is prescribed by applicable statute, rule or order in which event the longer response time shall apply.

H. Exceptions. Subsection G. of this Rule does not apply to:

1. A notice of sale not in the ordinary course of business made pursuant to Bankruptcy Rule 6004(a). See Local Rule 6004-1.A.

2. A motion for sale free and clear of liens and/or interests made pursuant to Bankruptcy Rule 6004(c). See Local Rule 6004-1.B.

3. A motion made pursuant to Bankruptcy Rule 9011(c).

4. A motion for withdrawal of a case or proceeding brought pursuant to Bankruptcy Rule 5011(a). See Local Rule 5011-1

5. A motion to appoint a trustee or examiner pursuant to 11 U.S.C. § 1104.

6. A request for compensation and/or reimbursement of expenses if the request is less than $1,000.00.

7. A chapter 7 trustee’s notice of final report and application for compensation provided a separate notice of the same is filed.

I. Requests for Relief not Requiring Briefs. Unless otherwise directed by the Court, briefs are not required with respect to the following requests for relief:

1. To continue a conference, hearing, or trial;

2. To substitute parties;

3. For appointment of professional persons;

4. For enlargement of time in accordance with Local Rule 9006-1 of these Local Rules; and

5. For administrative orders requested by a trustee in a case under chapter 7, 12 or 13.

J. Time and Manner of Service of Requests for Relief.

1. If the recipient of a notice or request for relief is a registered participant in the ECF System, service by the ECF System of the Notice of Electronic Filing shall be the equivalent of service of the Document and no certificate of service need be filed with respect thereto.

2. If the party entitled to notice or service is not a registered participant in the ECF System, or the party is entitled to service pursuant to Bankruptcy Rules 9014(b) and 7004, when a request for relief is filed, a file-stamped copy of the request for relief shall be served by the movant upon all such parties entitled to receive notice thereof within two (2) days of the filing date. Movant shall file a certificate of service within three (3) days after filing the request for relief in compliance with Local Rules 5005-1.E. and 9007-1.D (which may be included in the request for relief). If the certificate of service is not timely filed, the Court may deny the request for relief without notice to the movant. See Local Form 4.

K. Expedited Consideration. Upon filing an application for expedited consideration of a request for relief, a movant shall contact the assigned judge’s courtroom deputy by telephone or email to advise the Court of the application and receive further direction from the Court with respect thereto.

L. Orders.

1. Proposed Orders. If no objection or other response to a request for relief has been filed by the deadline for such filing, a proposed order should be uploaded to the Court’s ECF System within thirty (30) days after expiration of the deadline to file an objection or other response to a request for relief. A proposed order must:

a. State that “findings of fact are based upon representation of counsel”;

b. Contain a description of the relief being granted in the title of the order;

c. Certify to the Court: the date and manner of service of the request for relief and the persons and entities upon whom service was made; the applicable response period and the date of its expiration; and the lack of any timely response;

d. Include an approval for entry of the moving party and signature with the information required by Local Rule 9004-1.D, E. and F; and

e. Comply with Local Form 9.

2. Agreed Proposed Orders. In addition to the requirements set forth in Local Rule 9013-1.J.1, all agreed proposed orders must include approvals for entry of all interested parties and signatures with typed name, address, telephone number, email address and, if an attorney, a state bar number. An agreed order approved for entry only by the person submitting it may be acceptable, in the Court’s discretion, provided it contains, or is accompanied by, that person’s certification that all interested parties have consented to its entry.

3. Service of Orders. The Clerk directs service of orders by mail through the Bankruptcy Noticing Center (BNC) unless the order directs that it be served by a party. Registered participants with the ECF System will receive a Notice of Electronic Filing if an order has been entered by this Court. It is the duty of the prevailing party to verify that all parties in interest entitled to notice of an order are served with a file-stamped copy of the order electronically, or by mail by the BNC or the prevailing party, and to file an appropriate certificate of service in compliance with Local Rule 9007-1.D if service by mail is accomplished by the prevailing party.

4. Proposed Orders Following Hearing. All other proposed orders required to be submitted after a hearing must be submitted by the prevailing party within ten (10) business days after the announcement by the Court of its decision, unless a different deadline is set by the Court.

5. Ex Parte Orders. In each case of a request for relief presented ex parte, no order shall be entered unless it is based upon an affidavit. The affidavit shall show cause for the ex parte action requested and for the specific relief requested and shall state whether the party has made a previous ex parte request for relief in the case. In addition, the person seeking the relief must certify that the opposing party either consents, objects, or despite diligent efforts made in good faith, specifying such efforts, neither counsel for the party against whom the relief is requested, nor the party, in the event such party is not represented by counsel of record, could be contacted and advised that the relief would be sought. The movant must state the applicable statute, rule or other authority authorizing the ex parte relief requested.

6. Stale Orders. If an order is not uploaded within thirty (30) days of expiration of the applicable response period, the motion may be stricken by the Court.