Part VII - Motions, Briefs, Certificates of Service, Local Rules

9013-1      MOTION PRACTICE

A. Motion Day. Each judge of each division shall designate a particular day or days as its motion day. Motion day may be cancelled or changed on account of national holidays or other cause. On this day, priority shall be given to the presentation of motions. Motions may also be designated for hearing at some other time by order of the judge to whom the action is allotted.
 
B. Setting Motions for Hearing. All motions (except those made during a hearing or trial) and all applications must be made in writing and shall be filed with the Clerk of the Bankruptcy Court. Scheduling of motions for hearing shall be the responsibility of the Clerk of the Bankruptcy Court. After scheduling by the clerk or the court, counsel for movant shall notice opposing parties, the United States Trustee, as well as any other parties required by the F.R.B.P.; the notice shall state date, time, and place of the hearing. Failure to notice hearings shall result in  the matter being stricken from the docket.
 
C. Expedited Hearings. When movant needs an expedited hearing, counsel shall request an earlier date agreed to by opposing counsel; if agreement of opposing counsel cannot be obtained, counsel may file an ex parte motion for expedited hearing with reasons set forth  showing the need for an expedited hearing and a statement that opposing counsel has been contacted and refuses to consent to the expedited hearing or reasons why such contact is impractical.
 

9013-2      BRIEFS & MEMORANDA OF LAW

Upon request by the court, in its discretion, counsel shall submit a memorandum of authorities in support of or in opposition to any motion which counsel may file or oppose. Such memoranda shall contain or be accompanied by a concise statement of the reasons supporting the movant's or opponent's position and a citation of the statutes, jurisprudence or other authorities upon which the party relies.
 
 
9014-1     CERTIFICATE OF SERVICE-MOTIONS

A. Certificate of Service. A certificate of service of the motion and notice of hearing shall be filed no later than seven (7) calendar days prior to the hearing. The certificate of service shall specify, where applicable, the names and addresses of the parties served and shall not  simply state that “all interested parties” have been served. Notice by mail as imposed by F.R.B. P. 2002(a) shall include any reasonable method of transmitting printed documents including, but not limited to, U.S. Mail, Telex, hand delivery, facsimile, electronic notice as allowed and  set forth by the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means , or private carrier. When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail  or under Rule 5(b)(2)( C) or (D) F.R.Civ. P., three (3) days are added after the prescribed period would otherwise expire under F.R.B.P. Rule 9006(a) per F.R.B.P. Rule 9006(f). The certificate of service shall state the method of delivery used by sender. Counsel who files an ex  parte motion for expedited hearing shall serve that motion and shall certify service as the Court may direct.
 
B. Responsive Pleadings. Parties opposing the relief sought in 362 motions or contradictory motions pursuant to F.R.B.P. 9014 shall file an opposition or objection to same and a request for a hearing thereon, which responses to Motions to Lift the Stay shall be filed by the RESPONSE DEADLINE per 4001-1 G. and other contradictory motion objections shall be filed as least seven (7) calendar days prior to the noticed hearing date. The court in its discretion may hear or may refuse to hear a response not timely filed. The discretionary factors that the court should consider include: the reason opposition was not timely filed; the need for the court to consider the defenses alleged in order to determine the appropriate action, and the injury that might result to the untimely filed opponent. All oppositions shall contain a short  and plain statement of the law and facts on which the respondent relies and shall set forth any applicable defenses of law or fact on which the respondent relies. Oppositions styled as merely Requests for a Hearing shall not be allowed. All oppositions or objections and request for  hearings thereon shall be served in accordance with the subsection (A), and shall further comply with sub-section (C)(1)-(3) of this Rule.
 
C. Contents of Motion and Default.
 
(1) The name, address and telephone number and e-mail address of attorneys and litigants acting in proper person (pro se) shall be typed or printed under all signatures. In addition, counsel's attorney identification number assigned by the U.S. District Court shall be typed or printed under the signature. All such persons have a continuing obligation to keep the clerk's office advised of their current physical addresses and electronic contact information.
(2) No petitions, applications, motions, or pleadings shall be in letter form or on letterhead paper.
(3) All papers subsequent to those commencing a case shall show, when offered for filing, in the caption, the proper case number, the proper adversary number if applicable, the chapter in which the case is pending, the division in which the petition was filed, an accurate indication  of their contents and the parties on whose behalf they are filed.
(4) Failure to comply with the provisions of these Rules may result in the Clerk of Bankruptcy Court requiring the filing party to file corrective pleadings. Failure to comply with this or any other rule imposing a merely formal requirement does not ordinarily result in the loss of right. See F.R.B.P. 9005.
(5) A motion should contain a short and plain statement of all facts necessary to entry of relief by default, and the movant should attach relevant documentation supporting his motion; mere statement of the statutory grounds for relief is not sufficient. Relief by default may be  granted without hearing when no objection has been timely filed and the motion and supporting documentation, if any, evidence entitlement to relief. The court may consider, or may refuse to consider, an opposition to a motion if the opponent does not appear at the hearing to  support the opposition.
 
D. Procedure on Motion Day. On motion day, the court shall call all proceedings set for hearing, except those disposed of by default without hearing or by consent without hearing. Counsel shall state their appearances and shall state whether they have an agreed order; if they do not have an agreed order, counsel shall state the estimated time required for hearing the motion or their intention to request relief by default. After the docket call, the court shall:
 
1. Set hearing times later in the day to hear matters that will be contested or set the motion for final hearing on a later date;
2. Receive and consider agreed orders approved by all parties in interest;
3. Consider and enter orders by default;
4. Uncontested matters will be considered; and
5. At the conclusion of the above, the court will hear contested motions.
 
 
E.Status Conferences. Motion days may include hearings on status conferences on such matters as the court may direct.

F. Continuances. Motions for continuance without agreement of all parties will be granted only for good cause shown.
 
 
9029-1      LOCAL RULES -GENERAL
 
These Local Bankruptcy Rules are part of the Local Rules of the United States District Court for the Western District of Louisiana; the Local Bankruptcy Rules govern proceedings before the Bankruptcy Judge for this district, and they  also govern any bankruptcy cases withdrawn in toto by a District Judge, except as modified by the District Judge with respect to the case withdrawn; the Local District Court Rules not the Local Bankruptcy Rules, apply to cases withdrawn in part by a District Judge and  apply to motions to withdraw cases or proceedings. These rules are intended to expedite bankruptcy cases and proceedings with consideration of the characteristics, case load, travel requirement of the Western District, and the needs of litigants before each of the Bankruptcy Judges of the Western District (herein "Court"). These rules shall be construed to secure the just, speedy and inexpensive determination of every case and proceeding in accordance with F.R.B.P. 1001.
 
 
9029-3      LOCAL RULES-DISTRICT COURT
 
The generally applicable rules of the United States District Court for the Western District of Louisiana apply to bankruptcy cases and proceedings commenced in the Western District, except where they conflict with these Local Bankruptcy Rules, or where the proceedings are conducted before a District Court Judge in which case the Local District Court Rules shall apply. The present Local District Court Rule which addresses bankruptcy matters is Rule 83.4. Local Civil Rule 83.4 is recited in full below and is adopted as a portion of these Local  Bankruptcy Rules, as are any future revisions, modifications or additions that the District Court may adopt as to bankruptcy matters.