Hearing, Do All Motions Require One?

Some motions require a hearing while other motions do not, and procedures are different. To determine if a hearing is required for a particular motion, a party filing the motion should consult:

  1. The section(s) of the Bankruptcy Code that set the standard for granting the motion;
  2. The Rules in the Federal Rules of Bankruptcy Procedure that establish procedures for notice of the motion, service of the motion, and court ruling on the motion;
  3. Local Bankruptcy Rule 9013-1 for a list of motions that the court has already determined a hearing is not required;
  4. Other Local Bankruptcy Rules that apply to the particular type of motion (NOTE – Some motions are called "Applications"); and
  5. A bankruptcy attorney.

Download Form: Notice of Motion F 9013-1.1

FAQ Type: 
After Filing Bankruptcy