9013‑1.1 Motion Practice; Hearings; Briefs

(a)        Form of Motions.  The designation (title) of a motion shall describe the relief sought.

 Note:  See NM LBR 4001-1.3, Automatic Stay - Motions for Relief.

(b)       Concurrence of Affected Party.  Unless a motion requires notice to all creditors,  notice to creditors of an approved limited mailing, or notice to creditors on the list filed pursuant to Fed. R. Bankr. P. 1007(d), or the court for cause waives this requirement, the movant shall determine whether or not the motion will be opposed.  If the motion will not be opposed, an order approved by the affected party or the party's attorney may be submitted to the court.  If the motion is opposed, it shall so state.  If the movant has not obtained concurrence or opposition, the motion shall recite the attempts made to contact the opposing party.  Movant shall not assume that the nature of the motion obviates the need for a good faith request for concurrence from the opposing party.

(c)        Procedure to Secure Hearing; Disposition With or Without Hearing.  With respect to a motion, other than one which may be heard ex parte or a motion for summary judgment, and unless provided otherwise in the Federal Rules of Bankruptcy Procedure or these rules, a movant shall secure a hearing or disposition without a hearing by one of the following  procedures:

(1)        Notice of Deadline for Filing Objections.  The movant shall file and serve a notice of the motion which identifies the motion, sets forth the time for filing an objection, and, unless the motion is served with the notice, adequately describes the relief sought and provides any other information necessary to give adequate notice. The notice shall also state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given and the date of expiration of the time to object, in lieu of the default procedure set forth in Fed. R. Bankr. P. 7055. Unless otherwise provided by the Federal Rules of Bankruptcy Procedure or these rules or unless extended or shortened by order of the court, the time for filing an objection shall be 21 days from service of the notice; and, either

(A)       Obtain a Hearing After Objections are Filed.  If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing.  The movant thereafter shall promptly file and serve notice of the hearing; or

(B)       Obtain Hearing Before Service of the Notice.  With the permission of the assigned judge, the movant may obtain a hearing prior to service of the notice of deadline for filing objections set forth in subsection (d)(1) of this rule, such that the notice of hearing is included in the notice of deadline for filing objections.

(2)        Obtain a Hearing Without a Notice of Deadline for Filing Objections.  With the permission of the assigned judge, the movant may obtain a hearing on the motion without service of a notice of deadline for filing objections by contacting the courtroom deputy for the assigned judge to request a hearing date for a preliminary or final hearing, or both, and file and serve notice of the hearing(s) with the motion as directed by the assigned judge.

 (3)        Hearings in Adversary Proceedings.  In adversary proceedings, the movant may obtain a hearing on a motion by contacting the courtroom deputy for the assigned judge.  The procedures set forth in sections (c)(1) and (c)(2) of this rule are not applicable to motions in adversary proceedings.

 (d)       Motions Generally Set for Preliminary Hearing.  All motions shall generally be set for preliminary hearing unless otherwise directed by the court.  Except for preliminary hearings held pursuant to Fed. R. Bankr. P. 4001(b)(2), testimony and exhibits ordinarily will not be received at a preliminary hearing.  Counsel shall confer prior to the preliminary hearing and shall be prepared to advise the court of the likelihood of settlement, the disputed and undisputed facts, their legal theories, anticipated discovery, witnesses, exhibits, and estimated duration of a final hearing.

 (e)        Briefs.  Unless the court orders otherwise or as required for motions for summary judgment pursuant to NM LBR 7056-1, briefs or supporting points with citations or authorities need not be submitted with a motion.

 RULE 9013-1.2         MOTION PRACTICE - MOTION TO CONVERT OR DISMISS A CHAPTER 11 CASE

 (a)        Commencement of 30-day Period.  Except as provided in subsection (c), before filing a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b), the movant shall contact the courtroom deputy for the assigned judge to request a hearing.  The 30-day period under 11 U.S.C. section 1112(b)(3) will not begin to run until the movant has served notice of the hearing.

 (b)       Scheduling Conference, then Final Hearing.  Except as provided in subsection (c), a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b) will be set first for a scheduling conference and then for a final hearing.  The movant shall file with the motion, and serve within two days of the filing of the motion, a notice that includes notice of the scheduling conference, the final hearing, and the deadline for filing an objection to the motion, and that states that if no objections are timely filed the court may grant the relief requested without further notice or a hearing.  The deadline for filing an objection shall be a date certain that is ten days from the date of service of the notice, unless the tenth day is a Saturday, Sunday, or legal holiday, in which case the period continues to run until the end of the next business day.

 (c)        Waiver of 30-day Period.  If the movant expressly waives the 30-day period under 11 U.S.C. section 1112(b)(3), unless the court orders otherwise, the procedure set forth in NM LBR 9013-1.1(c) shall apply to a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b).

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