9013-1(d): Motions: There Will be a HEARING ON REGULAR NOTICE
FRBP 9013 and FRBP 9014 are rules that apply to all bankruptcy courts for serving and filing motions that will be set for a hearing. All of these motions must be accompanied by a notice of the motion.
1. Contents of Notice
- In the Central District of California, LBR 9013-1(b)-(d) and other LBR provide specific rules for providing notice when there must be a hearing on the motion.
- In addition to providing notice of the hearing date, time, and location, a party who sets a hearing must consult LBR 9013-1(c) to determine other information that must be provided as effective notice of the motion.
- The court provides a form notice of hearing. See link below
2. Number of Days Before a Hearing
- 21 Days -- Most motions: Most hearings are held on 21 days of notice. See LBR 9013-1(d).
- 30 Days -- Objections to Claims: A hearing on an objection to claim requires 30 days of notice. See LBR 3007-1
- 42 Days -- Summary Judgment: A hearing on a motion for summary judgment requires 42 days of notice. See LBR 7056-1.
- 42 Days -- Chapter 11 Disclosure Statement: A hearing on a motion to approve a disclosure statement requires 42 days of notice. See LBR 3017-1(a).
- 42 Days -- Chapter 11 Plan of Reorganization: A hearing on a motion to confirm a plan of reorganization requires 42 days of notice. See FRBP 2002(b), which requires 28 days of notice of the deadline to file an objection. See LBR 9013-1(d) which requires that an opposition is filed no later than 14 days before a hearing. This equates to a total of 42 days of notice.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
9013-1(d)
Reference to Local Rules and/or Forms:
Reference to Common Links: