(a) General Application
This provision shall govern the procedures to be followed for any matter as to which shortened notice or shortened notice and expedited hearing is requested pursuant to Fed.R.Bankr.P. 9006(c) (a “9006(c) Request”) except for any First Day Motion as defined by S.D.Ind. B-9013-3. The 9006(c) Request shall be considered by the Court without a hearing. If granted, the Court will issue an Order Shortening Notice and/or Setting Expedited Hearing.
(b) Filing Requirements
A 9006(c) Request shall be made by separate written motion and shall clearly refer to the non-First Day Motion or the contested matter to which it pertains (the “Underlying Motion”), shall specifically state the nature of the emergency or why the need for expedited treatment, and shall state the time by which the notice is to be shortened or the requested expedited hearing is to be held. The movant shall notify the chambers of the Judge assigned to the case of the filing of the 9006(c) Request and shall upload or otherwise tender an Order Shortening Notice and/or Setting Expedited Hearing as described below.
(c) Content of Order Shortening Notice and/or Setting Expedited Hearing
The Order Shortening Notice and/or Setting Expedited Hearing shall provide:
(1) the date and time of the hearing, if any;
(2) a brief description of the relief requested in the Underlying Motion;
(3) the last date to object to the Underlying Motion, and if no objection date is established, that objections are due immediately before the hearing;
(4) that any objection must be in writing and filed with the Clerk;
(5) that a copy of the written objection must also be served upon counsel for the movant, or the movant if not represented by counsel;
(6) the Clerk’s address for the division in which the case is pending;
(7) if no hearing was set in the initial notice, a statement that if any objection is filed, a hearing will be scheduled on the Underlying Motion and objections thereto by separate notice; and
(8) if objections are due immediately before the hearing, that telephonic notice of the filing of the objection shall be given to the chambers of the Judge to whom the case is assigned.
(d) Service and Distribution of 9006(c) Request, Underlying Motion, and Order Shortening Notice and/or Setting Expedited Hearing
(1) General Requirements
The movant shall serve, by fax, e-mail, or hand delivery, the 9006(c) Request and the Underlying Motion, along with the Order Shortening Notice and/or Setting Expedited Hearing, on the Service List, any party that has, or claims to have, an interest in the property to be affected by the relief requested in the Underlying Motion, parties required to receive notice under the applicable Federal Rules of Bankruptcy Procedure, and any other party as directed by the Court. If the documents are more than three (3) pages in length, the movant may fax the first page of the motion with instructions for obtaining all documents on the movant’s website or by e-mail. If the matter is a contested matter within an adversary proceeding, service of the 9006(c) Request and the Underlying Motion shall be made in the manner described above but only upon the parties to the adversary proceeding and any other party as directed by the Court.
(2) Permissibility of Service by Overnight Delivery
Service by overnight delivery is acceptable if sent at least forty-eight (48) hours before any deadline or hearing in the notice.
(e) Certificate of Service
Prior to the hearing on, or the deadline for filing objections to, the Underlying Motion, the movant shall file a certificate of service that complies with S.D.Ind. B-9013-2 certifying that copies of the 9006(c) Request, Underlying Motion, and Order Setting Emergency Hearing and/or Expedited Notice were sent to all parties required to receive notice.
(f) Motion to Limit Notice
If expedited service on the parties required to receive under the Federal Rules of Bankruptcy Procedure is impractical or cost-prohibitive, the movant may also seek to limit notice by filing a separate Motion to Limit Notice. Unless otherwise directed, notice may be limited to the UST, Debtor, the Unsecured Creditors Committee or its counsel if applicable, or if there is no Committee, the list of twenty (20) largest unsecured creditors, any trustee serving in the case, any party that has or claims to have an interest in the property to be affected by the Underlying Motion, and all other counsel of record.