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B-9013-3. FIRST DAY MOTIONS IN CHAPTER 11 CASES

(a)   Motions Included

In order to qualify as a First Day Motion, the motion must be filed with the petition, or within two (2) days thereafter, state in its caption that it is a First Day Motion, and be one of the motions included on the list below. The First Day Motions listed in subparagraph (f) below shall be scheduled for an expedited hearing without any formal request by the Debtor. Other motions will only be set for hearing on an expedited basis if accompanied by a request for expedited hearing which establishes sufficient cause for such treatment. 

(b)   Procedure Prior to Filing

Prior to filing, the Debtor shall attempt to confer with and provide copies of any First Day Motions to the UST. Counsel shall include in any First Day Motion, or in a separate pleading, a statement of efforts made to meet with the UST and affected parties prior to filing when possible. The Debtor shall also contact the courtroom deputy for the Chief Judge to advise that a case with First Day Motions will be filed.

(c)   Procedure upon Filing

Upon filing, the Debtor shall contact the courtroom deputy for the Judge assigned. The Judge assigned, or a designated replacement, shall schedule and conduct a hearing on the First Day Motions within two (2) days of their filing, if possible, unless the Debtor requests a later hearing date.

(d)   Service of First Day Motions and Notice

The Debtor shall serve copies of all First Day Motions and notice of the hearing on the initial Service List, known counsel for any party, and named respondents. Notice of the hearing and copies of the First Day Motions shall be served by fax, e-mail, or hand delivery. If the documents are more than three (3) pages in length, the movant may fax the first page of the motion with a statement as to the total number of pages in the document and instructions for obtaining all documents on the movant’s website or by e-mail. Prior to the hearing, the Debtor shall file a certificate of service that complies with S.D.Ind. B-9013-2. Failure to give timely notice may result in relief being denied or the hearing continued.

(e)   Contents of Notice

The notice of hearing on the First Day Motions shall provide:

(1)     the date and time of the hearing;

(2)     a list by title of the First Day Motions; and

(3)     the correct mailing address, fax number, telephone number, and e-mail address of the Debtor’s counsel.

(f)   List of Included Motions

The following shall be treated by the Court as First Day Motions if filed with the petition or within two (2) days thereafter:

(1)     motion for joint administration;

(2)     motion for use of cash collateral (interim hearing only) (see S.D.Ind. B-4001-2);

(3)     motion for post-petition financing (interim hearing only) (see S.D.Ind. B-4001-2);

(4)     motion to pay pre-petition employee wage claims (to the limit provided by 11 U.S.C. §507;

(5)     motion to limit notice generally;

(6)     motion to provide adequate assurance to utilities;

(7)     motion to pay pre-petition trust fund taxes;

(8)     motion to honor pre-petition obligations to customers (to the limit provided by 11 U.S.C. §507);

(9)     motion to vary UST financial requirements, such as motion to authorize maintenance of existing bank accounts, existing business forms, cash management system, investment procedures, etc.;

(10)   motion for authority to pay pre-petition claims of alleged critical vendors;

(11)   motion to reject leases and contracts;

(12)   motion to not appoint a creditors’ committee pursuant to 11 U.S.C. §1102(a)(3); and

(13)   a Prepackaged Scheduling Motion (see S.D.Ind. B-2081-2).