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

(a)   Motions Included

To qualify as a First Day Motion, the motion shall be filed with the Chapter 11 petition, or within 2 days thereafter, state in its caption that it is a First Day Motion, and be one of the motions included within subparagraph (f) of this rule. First Day Motions shall be scheduled for an expedited hearing without any formal request by the Debtor. All other requests for expedited treatment shall comply with S.D.Ind. B-9006-1. 

(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. The Debtor 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 Clerk or Chief Deputy 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 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 a party, and named parties in interest. Notice of the hearing and copies of the First Day Motions shall be served by fax, e-mail, hand, or overnight delivery. If the documents are more than 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. 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 mailing address, fax number, telephone number, and e-mail address of the Debtor’s counsel.

(f)   List of Included Motions

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

(1)     joint administration;

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

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

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

(5)     limit notice generally;

(6)     provide adequate assurance to utilities;

(7)     pay pre-petition trust fund taxes;

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

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

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

(11)   reject leases and contracts;

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

(13)   seeking expedited scheduling of the confirmation hearing under S.D.Ind. B-2081-2.