TIME FOR SERVICE AND FILING OF MOTIONS AND ANSWERING PAPERS – Amended December 1, 2017
(a) Discovery-Related Motions. Unless the Court orders otherwise, all motion papers under Bankruptcy Rules 7026 through 7037 shall be served at least seven (7) days before the return date. Where such service is made, any answering papers shall be served so as to ensure actual receipt not later than three (3) days before the return date.
(b) All Other Motions. Except as otherwise ordered by the Court, or required by the Bankruptcy Rules, all other motion papers shall be served at least fourteen (14) days before the return date. Where service is made at least fourteen (14) days before the return date, any answering papers shall be served so as to ensure actual receipt not later than seven (7) days before the return date, and reply papers shall be served so as to ensure actual receipt not later than 4:00 p.m. three (3) days before the return date or on the date any agenda is required to be filled in accordance with any case management order entered in the case, unless the Court orders otherwise. Untimely papers may be rejected.
(c) Time for Filing with Court. Unless the Court orders otherwise, all motions and answering papers shall be filed with the Clerk not later than one day following the date of service.
Comment
This rule is derived from Former Local Bankruptcy Rule 13(c) and is an adaptation of Civil Rule 6.1 of the Local District Rules. Subdivision (b) of this rule is an exercise of the Court’s authority contained in Bankruptcy Rule 9006(d) to enlarge the time for service of motion papers.
In 2009, subdivision (a) of this rule was amended to change the time period from five (5) to seven (7) days, and subdivision (b) of this rule was amended to change the time period from ten (10) to fourteen (14) days. The purpose of these amendments 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 one (1)-day deadline in subdivision (a) was changed to three (3) days, and the three (3) day deadline in subdivision (b) was changed to seven (7) days, to give the Court and the parties more time to consider the answering papers before the hearing.
The one business day deadline in subdivision (c) of this rule was also amended in 2009 to delete the reference to “business” so that the time period will be consistent with the 2009 amendments to Bankruptcy Rule 9006(a).
The Bankruptcy Rules require minimum notice periods longer than fourteen (14) days with respect to certain proposed actions. Although subdivision (b) is intended to enlarge the time for service of motions under Bankruptcy Rule 9006(d), it is not intended to shorten minimum time periods specified in the Bankruptcy Rules. For example, Bankruptcy Rule 2002(a)(3) requires at least twenty-one (21) days’ notice of the hearing on approval of a compromise and settlement. Therefore, if a trustee moves for approval of a compromise and settlement under Rule 9019(a), the motion papers must be served at least 21 days before the hearing. Similarly, Rule 2002(a)(2) requires at least 21 days’ notice of a proposed use, sale or lease of property, unless the Court shortens the time. The first sentence of subdivision (b) of this local rule was amended in 2013 to recognize such time periods required by the Bankruptcy Rules.
The second sentence of subdivision (b) was amended in 2013 to clarify that the seven-day requirement for service of answering papers applies when motion papers are served at least 14 days before the return date, even if the motion is served more than 14 days before the return date to comply with an applicable Bankruptcy Rule. For example, if a motion for approval of a compromise and settlement is served 21 days before return date to comply with Bankruptcy Rule 2002(a)(3), the answering papers must be served so as to ensure actual receipt at least seven days before the return date, unless the Court orders otherwise.
This rule was amended in 2016 to provide that replies, while permissible, must be received by the court no later than 4:00 p.m. three (3) days before the hearing date. Days should be counted in accordance with Bankruptcy Rule 9006(a).
In 2017, subdivision (b) of this rule was amended to clarify that the date of filing of an agenda may be modified by court order and that untimely filed papers may be rejected.