At a recent hearing, the Court overruled or continued several motions because insufficient notice had been given or a motion had not been served correctly. Here are some basic local rules (KYEB LBR) and Federal Rules of Bankruptcy Procedure (FRBP) that every chapter 13 practitioner in the EDKY should have bookmarked and/or memorized.
NOTICE:
Give at least 14 days’ notice (for most matters). LBR 2002-1(a). Most motions can be done on “notice and opportunity.” LBR 9013-1(a).
Some federal rules require more than 14 days’ notice. For example:
- Motion to modify confirmed plan (FRBP 3015): 21 days.
- Motion to sell property (FRBP 2002(a)(2): 21 days.
- Objection to claim (FRBP 3007): 30 days.
File a motion to shorten notice time if a hearing or objection deadline needs to occur earlier and explain why. LBR 2002-1(b); LBR 9014-1(c); FRBP 9006(c)(1).
No notice/hearing is required for some motions listed in LBR 9013-1(c) (such as a motion to shorten notice time). State in your motion that you are requesting entry of the proposed order without further notice or hearing as permitted by KYEB LBR 9013-1(c).
SERVICE:
At a minimum, serve the parties affected by your motion.
Some motions must be served on all creditors. FRBP 2002(a). After the bar date, you may be able to serve only creditors who filed proofs of claims, but you must so state in the certificate of service of the motion. FRBP 2002(h); LBR 2002-1(c).
The following motions/objections (among others) must be served on the affected party as if serving a complaint and summons in an adversary proceeding under Rule 7004 (because it is a contested matter under FRBP 9014 or because a specific rule requires service under Rule 7004):
- Cramdown (valuation) of a secured claim in the plan (FRBP 3012(b)(1)).
- Objection to confirmation (FRBP 3015(f)(1)).
- Objection to motion to modify a confirmed plan (FRBP 3015(h)(2)).
- Motion for relief from stay (FRBP 4001(a)(1)).
- Avoiding a lien under § 522(f) by motion or in the plan (FRBP 4003(d)).
- Motion to declare lien satisfied (FRBP 5009(d); LBR 5009-1).
- Motion to sell property free and clear of liens or interests (FRBP 6004(c)).
- Objection to motion to sell property (FRBP 6004(b)).
- Motion for a return of a repossessed car (FRBP 7001(a) eff. 12/01/2024).
If you must serve a motion or objection as if serving a summons and complaint under Rule 7004, pay attention to these “special” service rules, and put the manner of service in your certificate of service:
- To serve the debtor, follow FRBP 7004(b)(9) and mail a copy to the debtor (in addition to service on the attorney).
- To serve a corporation, follow FRBP 7004(b)(3); see also FRBP 7004(i).
- To serve the United States, follow FRBP 7004(b)(4).
- To serve an officer or agency of the United States, follow FRBP 7004(b)(5).
- To serve an FDIC insured bank, follow FRBP 7004(h); see also FRBP 7004(i).
When you are preparing a motion or objection, take a few minutes to look at the applicable federal rule and local rules to ensure you are complying with all notice and service requirements. It’s less expensive and less time-consuming in the long run if you can avoid a “do-over” by getting it right the first time.
