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Redlined-LBR9013-1 June 2007 comment

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Rule 9013 - 1Motions and Orders(a) Adversary Proceeding(1) If the moving party so elects, a motion in an adversary proceeding may be made afternotice and hearing pursuant to LBR 2002-1. Notice need be given only to the partiesto the adversary proceeding.(2) If the election in paragraph (a)(1) is not made, a hearing date of a motion in anadversary proceeding shall be requested from the Clerk. (b) Combining of Motions(1) Motions may be combined with other motions, except motions to lift the automaticstay unless permitted by LBR 4001-1, motions to withdraw the reference, or motionsto reopen cases . (2) If motions are combined, each request shall be clearly identified in the captioncaptioned and the requests separated in the body of the pleading.(3) If different objection periods or service or notice requirements are required forcombined motions, the longest objection period and most complete service or noticeshall be used for all the combined motions.(4) Motions in Adversary Proceedings and main cases shall not be combined.Note: The changes proposed here are to provide a clearer procedure where motions are combined.Although the most common notice period is 20 days, some motions require less or more, i.e.modifications to the automatic stay and abandonment (12 days); voiding 524 type liens (15days); objections to proofs of claim (30 days) . Also some motions require notice to theMML, such as abandonment, whereas others require less, such as notices to ...

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Rule 9013 - 1

Motions and Orders

(a)

Adversary Proceeding

(1)

If the moving party so elects, a motion in an adversary proceeding may be made after

notice and hearing pursuant to LBR 2002-1.

Notice need be given only to the parties

to the adversary proceeding.

(2)

If the election in paragraph (a)(1) is not made, a hearing date of a motion in an

adversary proceeding shall be requested from the Clerk.

(

Combining of Motions

(1)

Motions may be combined with other motions, except motions to lift the automatic

stay unless permitted by LBR 4001-1, motions to withdraw the reference, or motions

to reopen cases .

(2)

If motions are combined, each request shall be clearly identified in the caption

captioned and the requests separated in the body of the pleading.

(3)

If different objection periods or service or notice requirements are required for

combined motions, the longest objection period and most complete service or notice

shall be used for all the combined motions.

(4)

Motions in Adversary Proceedings and main cases shall not be combined.

Note: The changes proposed here are to provide a clearer procedure where motions are combined.

Although the most common notice period is 20 days, some motions require less or more, i.e.

modifications to the automatic stay and abandonment (12 days);

voiding 524 type liens (15

days); objections to proofs of claim (30 days) .

Also some motions require notice to the

MML, such as abandonment, whereas others require less, such as notices to lift the co-

debtor stay.

Motions and notices in contested matters are required to be served in

accordance with FRBP 7004, whereas notices described in FRBP 2002 do not.

LBR 9013-1

JUNE 1, 2007

(c)

Proposed Orders

(1)

Request for Entry

A party desiring that a proposed order be entered shall file, on the prescribed form, a request

for entry of order granting motion.

(2)

Submission of Proposed Orders

All proposed orders submitted to the court for signature shall be by separate document, and

the last page of which shall be identified by case number and nature of document or contain

some portion of the text.

Proposed orders are not to be filed, but submitted

in the manner

and form designated by the Clerk.

Note: Frequently the signature page of electronically submitted orders do not contain some portion

of the text nor is the “footer” sufficient to positively connect it to the prior pages.

The pages

of an electronic document are connected, and so long as the document is viewed

electronically no concern exists, however, if the document is printed then should the pages

become separated, possibility confusion might be of concern.

(3)

Orders Upon Stipulations

A party seeking approval of a stipulation shall:

(A)

file the stipulation,

accompanied by a motion to approve the

stipulation or relate it to a previously filed motion; and

(B)

satisfy notice and hearing requirements as to any provision in the

stipulation; and

(C)

not provide for the dismissal or conversion of a case without the need

for a separate order.

(D)

obtain the endorsement of the Chapter 12 or 13 trustee as appropriate if any

of the provisions of the stipulation affect the trustee’s administration of the

plan.

Note: LBR 2082-1(m) and

2083-1(k) address requirements for the modification of plans, however,

should parties enter into a stipulation that does not modify the plan, yet would affect the

administration of the plan by the trustee, this suggested change will assist in ensuring that

the trustee is kept aware of such changes.

LBR 9013-1

JUNE 1, 2007

Orders Prepared by the Court

Orders resulting from a hearing before the court will be prepared by the court unless

otherwise directed by the court.

(d)

Memorandum of Authorities

(1)

A party may, or, when required by the Court shall, file in support of or in opposition

to a motion or other request for an order of the Court, a brief written memorandum

of reasons and a list of authorities on which he relies.

The text shall be 1 and ½ or

double-spaced; except that quoted material may be single-spaced.

Such

memorandum must be filed and served on the opposing party in accordance with

LBR 5005-1(c).

Note: This language is redundant of that found in LBR 9004-1 - Documents- Requirements of

Form.

(2)

Citations to Washington cases in a memorandum of authorities shall be to the

Washington Reports.

Citations to cases from other states shall be to the National

Reporter System.

Citations to federal cases shall be to the United States Reports,

Federal Reporter, or Federal Supplement.

Citations to bankruptcy cases shall be to

West's Bankruptcy Reporter, Collier's Bankruptcy Cases or Bankruptcy Court

Decisions.

Related Provisions

FRBP 9013

Motions: Form and Service

FRBP 9014

Contested Matters

FRBP 9021

Entry of Judgment

LBR 2002-1

Notice to Creditors and Other Interested Parties

LBR 4001-1

Automatic Stay - Relief From

LBR 5010-1

Reopening Cases

LBR 5011-1

Withdrawal of Reference

LBR 6007-1

Abandonment

LBR 9013-1

JUNE 1, 2007

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