EMERGENCY MOTIONS

Emergency motions are those rare matters requiring an order on less than 48 hours notice.

(1)

Obtaining Hearing Date. Unless otherwise ordered by the court, a hearing date may be obtained by telephoning the chambers of the judge to whom the case is assigned or such member of the judge’s staff as may be designated by the judge to schedule emergency motions.

(2)

Filing the Moving Papers. Unless otherwise ordered by the court, the moving papers shall be filed at least 2 hours before the time set for hearing and a copy delivered directly to chambers. The motion shall be accompanied by declarations of competent witnesses under penalty of perjury that (i) justify the setting of a hearing on an emergency basis; and (ii) support the granting of the motion itself on the merits.

(3)

Scope of Notice Required. Unless otherwise ordered by the court, immediately upon obtaining a hearing date and time, movant shall give telephonic notice of the emergency hearing to the parties to whom notice of the motion is required to be given by the F.R.B.P. or by these Local Bankruptcy Rules, as well as to any other party that is likely to be adversely affected by the granting of the motion.

(4)

Service of the Moving Papers. Unless otherwise ordered by the court, movant shall serve the moving papers on the parties set forth in paragraph (a)(3) above no later than the time they are filed with the court. Such service shall be by fax or personal service.

(5)

Proof of Notice To Be Presented at the Hearing. Movant shall present to the court at the time of the hearing (i) a declaration of the efforts to give telephonic notice to the parties set forth in paragraph (a)(3) above of the time and place of the hearing and the substance of the motion, and (ii) a proof of service of the moving papers.