B-5005-4. ELECTRONIC FILING
A request to continue a scheduled hearing, conference, or trial shall be by written motion, unless the Court orders otherwise. The motion shall state whether the opposing party consents to the continuance. If the movant has been unable to reach the opposing party, the motion shall state the efforts made to contact the opposing party.
The Clerk shall defer the filing fee in an adversary proceeding if the trustee certifies that the estate lacks the funds necessary to pay a filing fee. If the estate later receives funds, the trustee shall pay the fee no later than the date the trustee makes distribution to creditors.
A “sale with prospective purchaser identified but bids considered” is also known as a “sale with a stalking horse bidder,” and is a proposed sale to a specific entity for a set price, including a credit bid from a secured creditor, with competitive bids to be considered.
A Motion to Sell to a prospective purchaser but with bids considered shall identify or include:
All liquidators/auctioneers who will come into possession or control of the assets of an estate shall obtain a bond for the full value of the assets in the possession or control of the liquidator/auctioneer, unless the Court orders otherwise.
An application to employ a liquidator/auctioner shall:
(1) contain an affirmative statement that the liquidator/auctioneer sought to be employed by a trustee or the Debtor is bonded; and
The Debtor shall serve a motion to redeem and provide a 21-day Objection Notice on the lien holder, in accordance with Fed.R.Bankr.P. 9014(b) and 7004. Along with the motion, the Debtor shall file a copy of the notice and a Certificate of Service. The motion, notice, and Certificate of Service may be combined in one document, a sample of which is available on the Court’s website.
A party filing an adversary proceeding non-electronically shall also file a cover sheet using Official Form 1040 and provide the addresses of all defendants. Failure to file the cover sheet and to provide addresses of all defendants may result in dismissal of the complaint.
A party filing a motion to dismiss, for judgment on the pleadings, or for a more definite statement under Fed.R.Civ.P.12 (made applicable in bankruptcy by Fed.R.Bankr.P. 7012) shall file and serve a supporting brief. The supporting brief shall be no more than 35 pages, unless the Court orders otherwise. The motion and supporting brief may be combined into one document.