9013-1(b)-(c): Motions: 6 Types of DUE PROCESS and NOTICE
FRBP 9013 and FRBP 9014 are national rules for filing and serving motions.
Local Bankruptcy Rules 9013-1 and 9075-1 provide more specific rules for providing notice of the procedure being used to obtain a ruling on the motion.
In our district, there are six types of giving notice that provide due process to other parties:
- There will be a hearing on 21-42 days of notice -- LBR 9013-1(b)-(d)
- There may be a hearing and, if so, it will be on fewer than 21 days of notice -- LBR 9075-1(b)
- There may be a hearing and, if so, it will be on 48 hours of notice or less -- LBR 9075-1(a)
- There may be a hearing, if a party requests a hearing -- LBR 9013-1(o)
- There will not be a hearing; only a few parties have to be served by U.S. Mail with the motion -- LBR 9013-1(p)
- There will not be a hearing; no parties have to be served by U.S. Mail with the motion -- LBR 9013-1(q)
After you determine the due process procedure that applies to your situation, consult LBR 9013-1(c) for requirements that will assist in preparing a notice of motion.
See links below to court forms that may be a sufficient notice of motion.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
9013-1(b)-(c)
Reference to Local Rules and/or Forms:
Reference to Common Links: