Motions to Extend Time, Generally
Motions to extend deadlines should not be filed with negative notice language, unless the Bankruptcy Code or Rules require notice and a hearing to extend the relevant deadline. If notice and a hearing is required, please use negative notice language.
Motions to Extend Time to File Schedules, Statements, and other Documents
Rule 1007(c) allows for an extension of time in which to file schedules and statement of financial affairs for cause shown. The procedure for requesting an extension of time is as follows:
- Provide a specific date deadline for the extension of time in both the motion and the proposed order. The deadline request should be no less than 7 calendar days prior to the creditor’s meeting date.
- Do not use negative notice in motions to extend time to file schedules (the suspense time will run after the extension deadline, which does not give the trustee and creditors sufficient time to prepare and/or respond).
- State why there is cause to grant the extension in your motion.
Motions to Extend Time to Object to Discharge, Dischargeability, Exemptions, or to Seek Dismissal Under 11 U.S.C. § 707
Rule 9006(b)(3) provides that the Court may enlarge the time for taking action on these matters to the extent and under the conditions stated in the applicable rules. As the deadlines for these matters can only be extended with notice and a hearing, motions requesting to extend these deadlines will be set for hearing, unless the motion is filed with 21-day negative notice language or the Debtor agrees to extend the deadlines.