LOCAL BANKRUPTCY RULES
| Rule 2002-2 | NOTICE OF PROPOSED ACTION OR ORDER WHEN NOT PROCEEDING BY MOTION |
(2) the date by which objections or responses to the proposed action or order shall be served and filed;
(3) the date and time when the action will be taken or the proposed order will be presented for signature if there is no objection, and a statement that the action will be taken or the order may be entered without a hearing unless a timely objection is made; and
(4) the date on which a hearing will be held if a timely objection is made, which date shall be obtained in the manner provided by Local Bankruptcy Rule 5070-1.
(c) Entities to Receive Notice. Unless the Court orders otherwise, in addition to the requirements of Bankruptcy Rule 2002 and Local Bankruptcy Rule 2002-1, notice under subdivision (a) of this rule shall be given to any entity having or claiming an interest in the subject matter of the proposed action or order or who otherwise would be affected by the proposed action or order.
(d) Objection. Unless the Court orders otherwise, any objection to the proposed action or order shall be in writing, state with particularity the reasons for the objection, and be served on the party proposing the action or order so as to be received (i) at least three days prior to the date set for the hearing if at least 20 days' notice has been given and (ii) at least one day prior to the date set for the hearing if at least 7 (but less than 20) days' notice has been given. The objection, together with proof of service, shall be filed with the Clerk and a copy thereof shall be delivered to the Judge's chambers prior to the date set for the hearing.
Comment
| This rule is derived from Former Local Bankruptcy Rule 45. This rule provides a standard procedure that may be used whenever the Bankruptcy Code requires "notice and a hearing," including, without limitation, §§ 363, 364, 554, and 725 of the Bankruptcy Code, where the entity proposing to act or obtain an order is not required, and does not intend, to proceed by motion. The "notice and a hearing" requirements concerning the use, sale, or lease of property and the abandonment or other disposition of property are governed by Bankruptcy Rules 6004 and 6007, respectively. To the extent not inconsistent with those Bankruptcy Rules, this rule shall apply. Other procedures for the submission of orders are provided for by Local Bankruptcy Rule 9074-1. Local Bankruptcy Rule 9078-1 governs the filing of proofs of service of notices. |