Filing an Emergency Motion
1. When is a motion filing considered to be an emergency?
Any motion filing for which there is not enough time to give the notice required by the Bankruptcy Code and Rules due to circumstances beyond the control of the filer is considered to be an emergency filing. Local Rule 9013-2(e) specifies the requirements for emergency motions.
2. What format is required?
Documents for the Court’s consideration must state the nature of relief, the statutory basis thereof and the facts creating the urgency. “Emergency Motion” or the word “Emergency” must be in the caption of the papers filed to alert the Clerk’s office of the urgent nature of the relief sought. See LBR 9013-2(e).
3. Where must it be filed?
If e-filed, the filer must call the Clerk’s office to alert a staff member that an emergency matter has been filed electronically. All parties in interest and attorneys must be notified of the filing by telephone, fax, and/or hand-delivery. If an emergency pleading is conventionally filed, the Clerk’s office will process it immediately. The filer must serve the pleading on all interested parties by telephone, fax, and/or hand-delivery.
4. Can the hearing be held telephonically?
If the Court determines than an emergency hearing is necessary, it prefers that counsel and/or parties appear in person for such hearing, but will permit participation by telephone if the nature of the emergency and time constraints warrant such a format.
5. Who must be notified of the hearing?
The applicant must notify all affected parties, as well as the case trustee and the US Trustee. In very time-sensitive instances, the Court may approve of notification by telephone.