Notices of Motions
Movants are permitted in many instances to serve notice of a motion that includes notice of a deadline for filing objections. A hearing typically is held only if an objection is timely filed. The movant may enclose a copy of the motion with the notice, or simply summarize in the notice the relief requested in the motion. If the motion is not enclosed with the notice, the notice must contain a sufficient disclosure of the relief requested in the motion to give the parties in interest receiving the notice a fair opportunity to object. The following examples illustrate what will be considered fair notice, and what will be considered deficient.
Example #1. Motion for Relief From Stay and For Abandonment.
Creditor files a motion (a) seeking relief from the stay to foreclose against real property in state court and sell the property at a foreclosure sale, and (b) requesting abandonment of the property from the estate and a waiver of the 14-day stay following entry of the stay relief order. If a copy of the Motion is not served with the notice, the notice of the motion will be considered deficient unless
a. it discloses that the creditor seeks relief from the stay;
b. discloses the scope of the requested stay relief;
c. describes the property with respect to which stay relief is requested;
d. discloses that the creditor seeks abandonment of the property; and
e. discloses that the creditor, pursuant to Rule 4001(a)(3), seeks a waiver of the 14-day stay following entry of the stay relief order.
The notice should also summarize the asserted grounds for stay relief (e.g. lack of adequate protection and/or no equity and not necessary for an effective reorganization).
Example #2. Motion for Utilities Order Under 11 U.S.C. §366.
Debtor files a motion seeking an order that a utility provider may not alter, refuse, or discontinue service. Unless a copy of the Motion is served with the notice, the notice of the motion will be considered deficient unless
a. it identifies each utility provider that would be bound by the order; and
b. specifically describes the adequate assurance of payment the debtor proposes to provide to each utility provider.