9071-1(b):  Stipulations: WHEN A MOTION IS REQUIRED TO OBTAIN COURT APPROVAL

LBR 9071-1(b) refers to the procedure when parties enter into a written agreement (stipulation) and a motion, notice of motion, and court order are required to approve the stipulation.

Examples of stipulations that require a motion, notice of motion and court order are:

• FRBP 4001(d) -- Agreements relating to the automatic stay, cash collateral
• FRBP 9019 -- Agreements to settle or compromise a dispute, and the trustee or debtor in possession sign the stipulation on behalf of the bankruptcy estate
• NOTE:  Parties to the stipulation should consult LBR 9013-1(d) to determine if a hearing is required under LBR 9013-1(d), or if notice and opportunity to request a hearing is sufficient under LBR 9013-1(o).    

The procedure to seek court approval of the stipulation or agreement is:

(1) Obtain all required signatures on the stipulation

• NOTE: The only /s/ signature allowed is by the attorney whose CM/ECF password is used to file the stipulation.
• NOTE: See LBR 9011-1 for provisions on signatures.

(2) File a motion to approve the stipulation / agreement -- the court does not have a form motion

(3) File a notice of motion:  The parties should consult LBR 9013-1(d) and LBR 9013-1(o) to determine if a hearing is needed or if notice of opportunity to request a hearing is sufficient.

• The court has form notices for a hearing and for opportunity to request a hearing -- see links below

(4) Prepare an order approving the stipulation --  Do so after the hearing, or after the time period has elapsed for parties to request a hearing

• NOTE:  DO NOT REPEAT THE TERMS OF THE STIPULATION IN THE ORDER.  Simply refer to the title of the stipulation, the date it was filed, and the docket entry number of the stipulation.

(5) Lodge an order approving the stipulation