Rule 9006-2

AUTOMATIC EXTENSION OF TIME WHEN TIMELY MOTION TO EXTEND TIME IS FILED – New [August 1, 2013]

     Unless otherwise provided in the Bankruptcy Code, the Bankruptcy Rules, the Local Bankruptcy Rules, or order of the Court, when a motion to extend the time to take any action is filed before the expiration of the period prescribed by the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules, or order of the Court, with a return date that is no later than fourteen (14) days after the date of such filing or, if the Court is unable to schedule a return date within such period, as soon thereafter as the return date may be scheduled by the Court, the time shall automatically be extended until the Court resolves the motion to extend the time. An automatic extension under this rule shall not require the issuance or entry of an order extending the time.

Comment

     This rule was added in 2013 as an exercise of the Court’s discretion to extend time under Bankruptcy Rule 9006(b) and to obviate the need for a “bridge order” in certain circumstances.

     This local rule does not apply if an automatic bridge order would be inconsistent with a provision of the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules, or order of the Court. For example, Local Bankruptcy Rule 9006-2 would not apply to motions to extend the time to file a plan or to confirm a plan in a small business case because, pursuant to section 1121(e)(3) of the Bankruptcy Code, such extensions require that the Court sign an extension order before the existing deadline expires. In addition, extensions of time for a lessee to assume or reject an unexpired lease of nonresidential real property are governed by Local Bankruptcy Rule 6006-1(c), which contains certain limitations, instead of Local Bankruptcy Rule 9006-2.