Hearing Date, How Do I Obtain One On My Motion And Provide Notice Of The Hearing?

Once it is determined that a hearing is required, the moving party must set the matter for hearing and provide adequate notice of the hearing. To set a hearing and provide notice of the hearing, do all of the following:

A) Identify how much notice is required before the hearing can take place;
B) See the Self-Calendaring page to look at self-calendaring procedures for the judge who will hear the motion;
C) Put the hearing date, time, courtroom, and courthouse address on the first page of the motion (See Local Bankruptcy Rule 1002-1 for information on Motion captions);
D) Prepare a written Notice of Motion in which the date of the hearing and the deadline for filing a response are clearly stated. Downoad the Notice of Motion form below. E) Serve the Notice of Motion of the hearing on all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure; and
F) Do not lodge an order before the hearing unless the court or Local Bankruptcy Rule specifically allows or requires that an order be lodged before the hearing, or the order is allowed to be electronically lodged via the LOU program. See Local Bankruptcy Rule 9021-1 for rules on lodging orders. Information on how to upload orders.

Download Form: Notice of Motion F 9013-1.1

 

FAQ Type: 
After Filing Bankruptcy