BLR 9014-2. When Response or Objection to Motion or Notice Is Required.

(a) In a case under Chapter 7 or 13, a response or objection to a motion or a notice with regard to proposed actions or requests for relief of the type set forth in (d) is required if the party filing the motion or notice provides notice that substantially complies with Local Form 9014-2 and that contains the following:

(1) an adequate description of the proposed action or relief requested and summary of the grounds for the proposed action or relief requested with regard to which an order is sought or, if the motion or notice is served on all parties entitled to notice, a description of the motion or notice;

(2) notice that this Rule requires the timely filing of a written response or objection to the proposed action or relief requested and service by mailing or delivering of a copy to the moving party or the moving party’s attorney;

(3) the time within which the Bankruptcy Rules and this Rule require a response or objection to be filed and served and that the response or objection must be actually received by the Bankruptcy Clerk within the required time. If the Bankruptcy Rules do not specify the number of days’ notice that must be given, the time for the filing of the required response or objection shall be 21 days from the date of service of the motion or notice. The notice may provide for a longer period of time for a response or objection to be filed and served than specified by the Bankruptcy Rules. In all matters, three days shall be added to the prescribed notice period to account for service of the notice by mail. The date by which a required response or objection must be filed shall be computed in accordance with the Bankruptcy Rules;

(4) the date on which the notice is served;

(5) the mailing address of the Bankruptcy Clerk for the division in which the case is pending where the response or objection must be filed;

(6) the name and mailing address of the moving party or attorney to whom the response or objection must be served;

(7) notice that, if no response or objection is timely filed and served as required, the Bankruptcy Court may grant the relief requested or authorize the proposed action without further notice and without a hearing;

(8) notice that, if an objection or response is timely filed and served as required, a hearing will be held and that a party filing an objection or response must appear at the hearing to advocate the response or objection; and

(9) notice of the date, time, and place of the hearing, which shall be scheduled in accordance with procedures determined by the Bankruptcy Judge to whom the case is assigned.

(b) If this Rule requires a response or objection and if no response or objection is timely filed, the Bankruptcy Court may grant the relief requested or authorize the proposed action without further notice and without a hearing.

(c) The person serving the notice shall promptly file proof of service of notice pursuant to this Rule in accordance with the Bankruptcy Rules. The Certificate of Service must be signed by the person making service and must include the name and address of all parties and attorneys served, the dates of service, and the manner of service.

(d) This Rule applies to:

(1) Motions and notices with regard to the use, sale, or lease of property pursuant to Bankruptcy Rule 6004;

(2) Motions and notices with regard to the abandonment or disposition of property pursuant to Bankruptcy Rule 6007;

(3) Motions and notices with regard to proposed compromises or settlements pursuant to Bankruptcy Rule 9019;

(4) Motions to extend the time to object to the list of property a debtor claims as exempt pursuant to Bankruptcy Rule 4002(b);

(5) Motions to extend the time to object to the discharge of a debtor pursuant to Bankruptcy Rule 4004(a) or to file a complaint objecting to the dischargeability of a debt under 11 U.S.C. § 523(c) pursuant to Bankruptcy Rule 4007(c);

(6) Motions to extend the time to file a motion to dismiss for substantial abuse under 11 U.S.C. § 707(b) pursuant to Bankruptcy Rule 1017(e);

(7) Motions by a chapter 13 debtor to suspend plan payments or to incur debt; and

(8) Modifications of a chapter 13 plan under 11 U.S.C. § 1329.

(e) Responses to motions to avoid liens or to redeem property are governed by BLR 6008-2. Responses to objections to proofs of claim are governed by BLR 3007-1.

(f) Upon request of any party in interest or on its own motion, the Bankruptcy Judge to whom a case or proceeding is assigned may order that this Rule apply in a case under Chapter 11 or 12 or to motions and notices not otherwise subject to this Rule, order that notice be given other than as provided in this Rule, order that a response not be required, or order that an answer, response, or objection be filed with regard to any application, motion, notice, or order not otherwise subject to this Rule.