L. Rule 9013. MOTIONS; FORM AND SERVICE


(a) Motions.

The Court, in its discretion, may strike multifarious pleadings on its own motion.

(b) Forms of Orders.

A form of proposed order must be submitted at the time of filing a request for relief, with the following exceptions:

(1) plans and objections to plans under Chapter 11 and Chapter 13;

(2) Chapter 11 disclosure statements; and

(3) motions requesting omnibus relief, such as an omnibus objection to claims.

A form of proposed order must be submitted both (1) attached as an exhibit to the motion and (2) separately uploaded for consideration by the Court.

(c) Certificates of Service.

All motions, applications, objections to claims, and all responses to same must contain a certificate of service reflecting service on affected entities, as specified in paragraph (d) of this Local Rule.

(1) The certificate of service must be signed by an attorney or party (if appearing without counsel), certifying that service has been accomplished in the manner and on the date stated in the certificate and upon the parties required to be served.

(2) The certificate of service must list each of the entities served and their addresses.

(3) With Court approval, a party may serve a summary of a pleading where the pleading is voluminous, or the number of parties to be served is excessively large. In such cases, the summary shall be filed, and the certificate of service shall be appended to the summary.

(d) Entities to Be Served.

(1) When a pleading is filed, the following entities at a minimum shall be served unless otherwise specifically provided by these Rules, by the FRBP, by standing order, or by order of the Court.

(A) In a Chapter 7 case (except the Chapter 7 trustee’s final reports before and after distribution and reports of sale): the debtor, the trustee, any court-approved committees, the counsel for each of these entities, and any other entities adversely affected by the relief requested.

(B) In a Chapter 11 case (except the plan and disclosure statement): the debtor, any court-approved committee, any Chapter 11 trustee, the counsel for each of these entities, the twenty largest unsecured creditors, parties who have filed a notice of appearance, the United States Trustee, and any other entities adversely affected by the relief requested.

(C) In a Chapter 12 or 13 case: the debtor, debtor’s counsel, the trustee and any other entities adversely affected by the relief requested.

(2) In an adversary proceeding, service shall be made upon all counsel and parties without counsel, unless otherwise specifically provided by these rules, the FRBP, by standing order, or by order of the Court.

(3) Whenever a pleading governed by this Local Rule is to be served on the United States, or an officer or agency thereof, the service provisions of FRBP 7004(b)(4) apply.

(4) If a movant uses the negative notice language of L. Rule 9014(a), the following motions require service upon all creditors and parties in interest:

(A) motions to dismiss in Chapters 7, 9, and 11;

(B) motions to modify plans in Chapters 11, 12, and 13;

(C) motions to incur debt in Chapters 11, 12, and 13; and

(D) motions for hardship discharge.

(5) An attorney who is an electronic filer consents to service by electronic means within the meaning of FRCP 5.