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:
- The section(s) of the Bankruptcy Code that set the standard for granting the motion;
- 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;
- Local Bankruptcy Rule 9013-1 for a list of motions that the court has already determined a hearing is not required;
- Other Local Bankruptcy Rules that apply to the particular type of motion (NOTE – Some motions are called "Applications"); and
- A bankruptcy attorney.
Download Form: Notice of Motion F 9013-1.1