Do all Motions Require a Court Hearing?
Some motions require a hearing while other motions do not, and procedures are different. To determine if a hearing is required for a particular motion, a party filing the motion should consult: a) The section(s) of the Bankruptcy Code that set the standard for granting the motion; b) The Rules in the Federal Rules of Bankruptcy Procedure that establish procedures for notice of the motion, service of the motion, and court ruling on the motion; c) Local Bankruptcy Rule 9013-1 for a list of motions that the court has already determined a hearing is not required; d) Other Local Bankruptcy Rules that apply to the particular type of motion (NOTE – Some motions are called “Applications”); and e) A bankruptcy attorney. For information on setting a hearing date on regular notice, see FAQ After Filing #25. For information on setting a hearing on shortened notice, see FAQ After Filing #26.
