Eastern District Of Louisiana Streamlines Procedure For Ex Parte Motions
By Kevin Gipson, New Orleans Bankruptcy Attorney on Dec 29, 2008 in Bankruptcy Practice and Procedure
In an effort to streamline the procedure necessary to file certain motions as ex parte motions in the
Bankruptcy Court for the Eastern District of Louisiana, the Court recently entered Standing Order 2008-2.
Standing Order 2008-2 amends Local Bankruptcy Rule 9013-1(D) which previously required the moving
party to obtain the permission of all interested parties before filing an ex parte motion.
Under Standing Order 2008-2 it is no longer necessary that a party filing the following ex parte motions to
obtain the consent of all interested parties:
(2) Motion to Appoint or Withdraw as Counsel;
(3) Motion to Appoint a Professional;
(4) Motion for Approval of Administrative Fees and Expenses Totaling Less Than $1,000.00;
(5) Motion to Amend or Extend Time to File Schedules, Statement of Financial Affairs, or Other Pleadings;
(6) Motion to Continue or Reset Hearing;
(7) Motion to Dismiss Adversary Proceeding, except those filed pursuant to section 727;
(8) Motion to Withdraw a Pleading, except as provided in Bankruptcy Rule 3006;
(9) Motion to Convert a Case Filed under Chapter 7 to one under Chapter 13, or to Convert a Case Filed
under Chapter 13 to one under Chapter 7;
(10) Motion to Dismiss a Chapter 13 Case;
(11) Motion for Expedited Hearing; and
(12) Motion to Reopen Case filed by the trustee.
A Certificate of Service to all interested parties is still necessary as well as any filing requirements that
may be unique to the specific motion being filed.
Also, the Court still reserves the right to set the motion for hearing.
Sorry, comments for this entry are closed at this time.