Application to Set Hearing on Emergency Motion

Last Updated: September 28, 2012

Updates: 

Created: September 28, 2012

Background: 

Effective October 1, 2012, per General Order 12-01, a party seeking to present an emergency motion will first file an Application to Set a Hearing for Emergency Motion. No hearing date is required.  The Judge will review the Application and grant or deny it.  If granted, the movant will file an Emergency Motion. If denied, the movant must notice the motion in accordance with BK Rule 9013-1.

Filing Requirements: 

 

A party seeking to present an emergency motion must:

1. file an Application to Set Hearing on Emergency Motion
2. attach the proposed emergency motion to the Application
3. not notice, schedule or serve the Application
4. notify Judge's chambers after filing the Application

 

Sample Docket of Application, Order Granting, and Emergency Motion

Step by Step Instructions

1. Select [Bankruptcy or Adversary > Motions/Applications]

    

2. Enter Case Number and Click Next

    

3. Verify you are docketing on the correct case.

    

4. Select Application to Set Hearing on Emergency Motion from pick list

   Click Next

    

5. Select Party from party pick list or Add/Create New Party and

   Click Next

    

6. The following screen will display :

   REMINDER: Please remember to attach your proposed order and use the description Proposed Order. If attaching more than 1 proposed order, please add the specific title after Proposed Order. Example Proposed Order - Relief from Stay Proposed Order - Dismiss Case REMINDER: Please attach the proposed Emergency Motion.

    

   • Browse, View, and Attach Application PDF

    

   Note: Two attachments are required for this filing

    

   • Attach the Proposed Order to the Application See Attaching Proposed Order
   • Attach the Emergency Motion to the Application (Click Yes Radio button, to access the attachment screen and attach the PDF)
   • Click Next

    

    

7. The ModifyText Screen will display:

   • If applicable, you may make a selection from one or both of the prefix dropdown boxes
   • Click Next

    

8. The Final Text screen will display.

   Verify the accuracy of the docket text

   Click Next to complete the filing