Rule 9074-1

SUBMISSION, SETTLEMENT OR PRESENTMENT OF ORDER, JUDGMENT, OR DECREE – Amended [August 1, 2013]

  1. Submission or Settlement of an Order, Judgment, or Decree. Unless the Court orders otherwise, if, following a hearing or decision, the Court directs a party to submit or settle an order judgment, or decree, the party, within fourteen (14) days of the issuance of the Court’s ruling shall deliver the proposed order, judgment, or decree directly to the Judge's chambers upon not less than two days' notice to all parties to the adversary proceeding or contested matter, except that such notice period shall not apply if all parties to the adversary proceeding or contested matter have consented in writing to the proposed order, judgment, or decree. Failure to submit or settle an order, judgment, or decree within the fourteen (14) day period may result in the imposition of sanctions, including, without limitation, (i) dismissal for failure to prosecute or (ii) an award of attorney's fees. One (1) day notice is required of all counterproposals. Unless the Court orders otherwise, no proposed or counter-proposed order, judgment, or decree submitted or settled pursuant to this rule shall form a part of the record of the case, adversary proceeding, or contested matter.

     

  2. Notice of Motion upon Presentment and Opportunity for Hearing with Respect to Certain Motions, Applications, and Objections
    1. Use. Unless the Court orders otherwise, where it is anticipated that a motion, application, or objection of a type set forth below will be uncontested, the motion, application, or objection may be made upon notice of presentment conforming substantially to the appropriate form following this rule:
      1. Application to confirm a sale pursuant to Local Bankruptcy Rule 6004-1;
         
      2. Motion to extend the time to assume or reject a lease pursuant to section 365(d)(4) of the Bankruptcy Code;
         
      3. Motion for entry of a default judgment in an adversary proceeding pursuant to Bankruptcy Rule 7055 and Local Bankruptcy Rule 7055-2;
         
      4. Motion to extend the time to object to discharge or dischargeability pursuant to Bankruptcy Rule 4004 or 4007;
         
      5. Application to avoid a judicial lien that impairs an exemption pursuant to section 522(f) of the Bankruptcy Code;
         
      6. Application for an examination pursuant to Bankruptcy Rule 2004 to the extent that the application is not granted ex parte;
         
      7. Objection to a claim of exemption pursuant to Bankruptcy Rule 4003(b);
         
      8. Application to approve a loan modification under Local Bankruptcy Rule 9019-2;
         
      9. Request for a post-confirmation order pursuant to Local Bankruptcy Rule 3021-1;
         
      10. Application to employ a professional person pursuant to section 327(a) of the Bankruptcy Code; and
         
      11. Any other type of motion, application, or objection as ordered by the Court in the particular case.
         
    2. Notice. Unless the Court orders otherwise, notice of the presentment of an order pursuant to this subdivision shall be filed with the Clerk and a copy shall be delivered to the Judge's chambers and served upon the debtor, the trustee, each committee, the United States Trustee, all parties who have filed a notice of appearance and request for service of documents, and all other parties in interest. The notice shall comport with the notice requirements under the applicable provisions of the Bankruptcy Code, Bankruptcy Rules, and Local Bankruptcy Rules.
       
    3. Objection; Opportunity for a Hearing. A written objection, if any, to the proposed order, together with proof of service, shall be filed with the Clerk and a courtesy copy shall be delivered to the Judge's chambers at least three (3) days before the date of presentment. Unless the Court orders otherwise, no hearing will be held absent the timely filing of an objection. If an objection has been timely filed, the Court will notify the moving and objecting parties of the date and time of any hearing.
       
  3. Notice of Proposed Action or Order When "Notice and a Hearing" are Required and a Motion is Not Mandatory
    1. Contents of Notice. Unless the Court orders otherwise, whenever “notice and a hearing” are specified in the Bankruptcy Code or Bankruptcy Rules but a motion is not mandatory, the entity proposing to act or obtain an order, in lieu of proceeding by motion, may give written notice, which, together with proof of service, shall be filed with the Clerk with a copy delivered to the Judge's chambers, setting forth:
      1. a statement of the action proposed to be taken or the order to be presented, including a concise statement of the terms and conditions of, and the reasons for, the proposed action or order;
         
      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.
         
    2. Time for Notice. Unless the Court orders otherwise, if notice is to be given to all creditors under subdivision (1) of this rule, the notice shall be given at least twenty-one (21) days prior to the date on which the proposed action is to be taken or the proposed order is to be presented. If the Court issues an order requiring that notice be given to fewer than all creditors, the notice shall be given at least seven (7) days prior to such date.
       
    3. 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 (1) 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.
       
    4. 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 seven (7) days prior to the date set for the hearing if at least twenty-one (21) days' notice has been given and (ii) at least one (1) day prior to the date set for the hearing if at least seven (7) [but less than twenty-one (21)] 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.
       
    5. Opportunity for a Hearing. Unless the Court orders otherwise, no hearing will be held absent the timely filing of an objection. If an objection has been timely filed, the Court will notify the moving and objecting parties of the date and time of any hearing.
       
  4. Notice of Presentment of Order in Lieu of Hearing Where Notice and a Hearing Are Not Required.
    1. Use. If notice and a hearing are not required, and a motion is not mandatory, the form set forth in subdivision (d)(3) of this rule may be used for the submission of orders to the Court.
       
    2. Notice. Unless the Court orders otherwise, notice of the presentment of an order pursuant to this subdivision shall be filed with the Clerk, and a copy shall be delivered to the Judge's chambers and served upon the debtor, the trustee, each committee, the United States Trustee, all parties who have filed a notice of appearance and request for service of documents, and all other parties in interest on not less than three (3) days' notice.
       
    3. Form. A notice of presentment of a proposed order shall conform substantially to the appropriate form following this ruling.
       
  5. The Court shall consider a motion, application, objection, or proposed order made by notice of presentment under this Local Bankruptcy Rule on or after the date of presentment. Any motion, application, or proposed order made by notice of presentment under this Local Bankruptcy Rule shall include a copy of the proposed order. If there has been no objection or hearing date scheduled, and the presentment date has otherwise passed, the moving party shall promptly submit a copy of the proposed order to chambers.

 

Comment

     Subdivision (a) of this rule, which is derived from Former Local Bankruptcy Rule 17 and is an adaptation of Civil Rule 77.1 of the Local District Rules, applies to the settlement of orders, judgments, and decrees following a hearing or decision. Subdivision (b) of this rule, which is derived from Former Local Bankruptcy Rule 46, applies in situations in which "notice and a hearing" are not required by the Bankruptcy Code. Subdivision (b) of this rule, formerly subdivision (c), is an adaptation of former Standing Order 186, applies only to the types of proceedings specified therein and where it is anticipated that the relief requested will be uncontested.
 

     Subdivision (b)(1) of this rule, formerly subdivision (c)(1), was amended in 2008 to delete from the list of motions that may be made on presentment a motion to terminate the automatic stay pursuant to section 362 of the Bankruptcy Code in a chapter 13 case. The purpose of this amendment is to assure that the Court will properly hear, and consider the accuracy of, allegations of default in cases concerning an individual debtor. A motion is mandatory if required by the Bankruptcy Rules, the Local Bankruptcy Rules, or an order of the Court.
 

     Times for the presentment of and objections to proposed orders are specified in this rule to promote uniformity in practice. If notice of presentment is given by mail, three (3) additional days must be added in accordance with Bankruptcy Rule 9006(f).
 

     Subdivision (a) of this rule was amended in 2009 to change the time periods from fifteen (15) to fourteen (14) days. The purpose of the amendment was to conform the time periods in this rule to the 2009 time-related amendments to the Federal Rules of Bankruptcy Procedure. Throughout the Bankruptcy Rules, as well as the Local Bankruptcy Rules, most time periods that are shorter than thirty (30) days were changed so that the number of days is in multiples of seven (7), thereby reducing the likelihood that time periods will end on a Saturday or Sunday.
 

     Subdivision (a) and the heading of this rule were amended in 2009 so that the rule also will apply when the Court directs a party to submit an order, judgment, or decree.
 

     Subdivision (b)(1) of this rule, formerly subdivision (c)(1), was amended in 2013 to add items (H), (I) and (J), which permit the use of this procedure for applications to approve a loan modification and request for a post-confirmation order in a chapter 11 case and which clarify the Court's discretion to expand the uses of notices of presentment in a particular case.
 

     Subdivision (e), formerly subdivision(d), was added in 2013 to clarify that the Court need not enter the order on the day of presentment. Other revisions were stylistic.
 

     In 2016, Local Bankruptcy Rule 2002-2, governing notice of a proposed action or order when not proceeding by motion, was combined with Local Bankruptcy Rule 9074-1. What was Local Bankruptcy Rule 2002-2 is now Local Bankruptcy Rule 9074-1(c). Former subdivision (b) has been moved to the end of the rule, and is now subdivision (d). Former subdivision (c) has been moved up, and is now subdivision (b). What is now subdivision (c) used to be Local Bankruptcy Rule 2002-2. Former subdivision (d) has been moved down, and is now subdivision (e).
 

     What is now Local Bankruptcy Rule 9074-1(c), previously Local Bankruptcy Rule 2002-2, 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, sections 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.
 

     Local Bankruptcy Rule 9078-1 governs the filing of proofs of service of notices.
 

     Subdivisions (c)(2) and (3), formerly subdivisions (b) and (d) of Local Rule 2002-2, were amended in 2009 to change the twenty (20) day time periods to twenty-one (21) days. The purpose of the amendment was to conform the time periods in this rule to the 2009 time-related amendments to the Federal Rules of Bankruptcy Procedure. Throughout the Bankruptcy Rules, as well as the Local Bankruptcy Rules, most time periods that are shorter than thirty (30) days were changed so that the number of days is in multiples of seven (7), thereby reducing the likelihood that time periods will end on a Saturday or Sunday.
 

     The three (3) day deadline in subdivision (d) of this rule was amended to seven (7) days in 2009 to give parties more time to consider objections before the hearing.
 

     In 2016, the title of Local Bankruptcy Rule 9074-1(a) was stylistically revised to refer to submission or settlement "of an" order. Substantively, subdivision (a) remains unchanged.
 

     In 2016, pursuant to public comments received, Local Bankruptcy Rule 9074-1(b) was amended by adding a new subsection to the list of acceptable motions, applications or objections that may be done on presentment. The addition resulted in the relabeling of the catchall provision that was previously subsection (J), which now appears as subsection (K). New subsection (J) allows an application to employ a professional person under section 327(a) of the Bankruptcy Code to be done on presentment.
 

     In 2016, the title of subsection (c) was revised to provide greater clarity. Instead of referring to "Notice of Motion upon Presentment and Opportunity for Hearing with Respect to Certain Motions, Applications, and Objections," subsection (c) is now titled, "Notice of Proposed Action or Order When "Notice and a Hearing" are Required and a Motion is Not Mandatory." No substantive change was intended.
 

     In 2016, what was Local Bankruptcy Rule 2002-2 and is now Local Bankruptcy Rule 9074-1(c), was stylistically renumbered and amended to conform to its new placement in the text of the Local Bankruptcy Rules. This rule was also amended by adding subsection (c)(5). The purpose of this addition was to clarify that anything heard on presentment will not be set for a hearing.
 

     In 2016, the numeral in subsection (d) was added to the period of days listed therein to conform to the general style of the Local Bankruptcy Rules.
 

     In 2016, subdivision (e) was stylistically revised to clearly refer to "this Local Bankruptcy Rule," instead of "this rule." No substantive change was intended.
 

Notice of Presentment

Notice of Presentment and Opportunity For Hearing