LOCAL BANKRUPTCY RULES

Rule 9077-1

ORDERS TO SHOW CAUSE; EX PARTE ORDERS

(a) Orders to Show Cause. No order to show cause shall be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why proceeding other than by notice of motion is necessary. The affidavit also shall state whether a previous application for similar relief has been made.

(b) Ex Parte Orders. No ex parte order in an adversary proceeding or contested matter shall be granted unless it is based upon an affidavit or motion showing cause for ex parte action as well as cause for the relief requested, and states whether a previous application for similar relief has been made.

 

Comment

Subdivision (a) of this rule is derived from Former Local Bankruptcy Rule 13(d) and is an adaptation of Civil Rule 6.1(d) of the Local District Rules.   Subdivision (b) of this rule is derived from Former Local Bankruptcy Rule 19(b).

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