Once it is determined that a hearing is not required, a party must provide notice of the motion and properly serve the motion before obtaining a ruling from the judge. The motion will have to clearly and plainly state that there will not be a hearing unless a party files and serves a written response and specifically requests a hearing. To provide notice of the motion and serve the motion, do all of the following:

1. Follow the procedure for providing notice of the motion and serving the motion – In particular see Local Bankruptcy Rule 9013-1;
2. Clearly state in the Notice of Motion the procedure for objecting to the motion and requesting a hearing;
3. Wait the proper response period;
4. Follow the procedure for notifying the court as to if any objections were received and if a hearing was requested.
   1. If an objection was filed and a hearing was requested, the moving party must timely set the matter for a hearing, or the motion may be denied; and
   2. If an objection was not filed within the response deadline, file a declaration of service and non-Response, and lodge an order.

F 9013-19[1] DECLARATION RE: ENTRY OF ORDER WITHOUT HEARING PURSUANT TO LOCAL BANKRUPTCY RULE 9013-1(g)