NEGATIVE NOTICE PROCEDURE
- The Court has established a list (the “Negative Notice List”) of motions, objections, and other papers that may be considered by the Court without an actual hearing under the negative notice procedure described in this rule if no party in interest files a response to the relief requested. The Negative Notice List is posted on the Court’s website and may be supplemented or otherwise amended by the Court from time to time. If permitted by the presiding judge, other motions, objections, and other matters may be considered by the Court using the negative notice procedure.
- Motions, objections, and other matters filed pursuant to this negative notice procedure shall:
- Be served in the manner and on the parties as required by the provisions of the Bankruptcy Rules, these rules, or any order of the Court applicable to motions, objections, or matters of the type made and shall be filed with the proof of such service in accordance with the provisions of Local Rule 7004-1; and
- Contain a negative notice legend prominently displayed immediately following the title of the paper. The negative notice legend shall be in the approved format on the Court’s website as of the date of filing of the paper available online.
- In the negative notice legend, the number of days during which parties may object shall be twenty-one (21) days, unless otherwise specified in these rules or any administrative or standing order of the Court.
- In the event a party in interest files an objection within the time permitted in this rule, the Court may schedule a hearing on the motion, objection, or other matter upon notice to the movant’s attorney, the objecting party or parties, and others as may be appropriate.
- In the event no party in interest files an objection within the time permitted in this rule, the Court may consider the matter without further notice or a hearing. The movant shall submit a proposed order not later than fourteen (14) days after the expiration of the objection period. In the event the movant fails to submit a proposed form of order within this time, the Court may enter an order denying the relief requested without prejudice for lack of prosecution. In addition to any other requirements, the proposed form of order shall recite that:
- The movant has represented that the motion, objection, or other matter was served upon all interested parties with the Local Rule 2002-2 negative notice legend informing the parties of their opportunity to object within the proper days of the date of service;
- No party filed an objection within the time permitted; and
- The Court considers the matter to be unopposed.
- Nothing in this rule is intended to preclude the Court from conducting a hearing on the motion, objection, or other matter even if no objection is filed within the time permitted.
Advisory Committee Notes
The amended rule includes stylistic changes to refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable form is the LF-10 (Negative Notice Legend). Note that this amendment also corrects the committee notes from the 2020 Amendment, removing outdated references from those notes that were not incorporated into the 2020 Amendment.
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Various subdivisions are amended to add references to these local rules applicable to certain filings in addition to the applicable Bankruptcy Rule. Subdivision (A) is amended to incorporate by reference the court’s list of motions that may effect service by negative notice. Subdivision (A)(3) is amended to remove Rule 6004(c) sales free and clear of liens from the list. Subdivisions (A)(7)–(8) are added as additional filings susceptible to filing and resolution by negative notice. Additionally, the introduction in subdivision (A) provides for the maintenance of a separate court-approved list (commonly known as the “Negative Notice List”) of other filings that can be filed on negative notice. Subdivision (B)(3) is renumbered to (B)(2) and modified to remove the printed legend in lieu of reference to a form maintained on the Court’s website and to clarify that the format operative on the date of filing controls. Subdivision (C) adds reference to separate local rules or an administrative order that can override the default negative-notice period. Subdivision (C)(2) is amended to clarify that consideration without hearing is permissive. Other changes are intended as stylistic to improve clarity.