MOTIONS AND APPLICATIONS WITHOUT HEARING
In addition to the motions and applications specified in Local Bankruptcy Rule 9013-1(g), the following motions may be made on notice without a hearing pursuant to the requirements of that Rule:
- (1)
- Applications for additional attorney’s fees [subject to sections (u) and (w) herein];
- (2)
- Motion for suspension of plan payments [subject to section (w)];
- (3)
- Motions by the debtor or the trustee to modify a confirmed plan;
- (4)
- Motions for approval of sale or refinancing of debtor’s residence, if the entire equity therein is exempt from the claims of creditors; provided, however, notice is not required if the sale or refinance will pay off the plan and the plan allows 100% to the unsecured claims; and
- (5)
- Trustee’s motion to dismiss or modify the plan. Notwithstanding Local Bankruptcy Rule 9013-1(g), a party who responds to a trustee’s motion to dismiss or a trustee’s motion to modify the plan must obtain a hearing date from the court and give notice thereof with the response.
|
