Rule 9013-1. Motions:  Form and Service

 

(a)

Rule or statutory basis

 

 

Each motion shall specify the rules and statutory provisions upon which it is predicated.

 

(b)

Service of motions and responses; limited notice

 

 

(1)

When a motion or response is filed, at a minimum, the following persons or entities listed in section (2)(B) below shall be served unless otherwise specifically provided by the Federal Rules of Bankruptcy Procedure, these Local Rules, or by order of the court.

 

 

(2)

When limited notice is allowed by the Federal Rules of Bankruptcy Procedure or these Local Rules, it shall be in accordance with Miss. Bankr. L.R. 2002-1(m).

 

 

 

(A)

In a chapter 7 case, notice shall be given to the debtor, the trustee, the United States Trustee, any court-approved committees, the counsel for each of the foregoing entities, and any other entities affected by the relief requested.

 

 

 

(B)

In a chapter 11 case, to the extent limited notice is permitted under the Bankruptcy Rules, notice shall be given to the debtor, any court-approved committee, the twenty largest unsecured creditors if no official committee of unsecured creditors has been appointed, any chapter 11 trustee, the counsel for each of the foregoing entities, all parties who have filed a notice of entry of appearance, the United States Trustee, and any other entities affected by the relief requested.

 

 

 

(C)

In a chapter 12 or 13 case, notice shall be given to the debtor, debtor’s counsel, the chapter 12 or 13 trustee, the United States Trustee and any other entities affected by the relief requested.

 

 

 

(D)

Whenever a pleading governed by Miss. Bankr. L.R. 9013-1 is to be served on the United States, or an officer or agency thereof, the service provisions of Fed.R. Bankr. P. Rule  7004(b)(4)-(b)(5) apply.

 

(c)

Objections

 

 

Except for motions made in open court, any objection to a motion shall be made in writing and conform to Miss. Bankr. L. R. 9004-1(b), be filed pursuant to Miss. Bankr. L. R. 5005 1(a)(2)(D) and be served as provided in Miss. Bankr. L. R. 9013-1(b)(1).

 

(d)

Failure to file responsive pleading

 

 

If a response is not timely filed, the court may enter an order granting the relief requested prior to hearing and may remove the motion or application from the court calendar unless leave to file a late response is granted.

 

(e)

Submitting of order or judgment

 

 

After hearings held in the court, the prevailing party shall submit an order or judgment, consistent with the court’s ruling, within 14 days of the hearing or such other time as the court may direct, for the court’s approval and entry. For settlement announcements prior to a scheduled hearing date, the related order or judgment shall be submitted within 14 days after the scheduled hearing date or such other time as the court may direct.  Except as otherwise directed by the court, prior to submitting the order or judgment to the court, the prevailing party shall submit to all parties appearing at the hearing who filed responsive pleadings related to the subject of the motion or hearing the order for their signature indicating approval as to form.  Parties to whom the order or judgment has been submitted shall promptly sign it or promptly contact the party who drafted it to express any objection to the form of the proposed order or judgment.  The parties shall attempt to resolve any differences in the form of the order or judgment before submitting competing orders or judgments to the court.  

 

(f)

Expedited or emergency matters

 

 

(1)

Motion for expedited or emergency hearing

 

 

 

A request for hearing on an expedited or emergency basis shall be made by contacting the courtroom deputy, stating the reason the matter should be considered on an expedited or emergency basis.  Counsel for the movant shall immediately thereafter notify counsel for the respondent of the emergency hearing setting.  "Expedited basis" or "emergency basis" is defined as any hearing within 14 days of the filing of the motion on which the emergency hearing is requested.

 

 

(2)

Response to expedited or emergency matters

 

 

 

A response to a motion or application set on an expedited or emergency basis and/or seeking expedited or emergency hearing may be filed until and including the date of the hearing, unless otherwise ordered by the court. The respondent must serve the response on the opposing counsel as soon as possible by facsimile and/or email and must file the original response with the court in accordance with Miss. Bankr. L. R. 9013-1(c).