RULE 403. ROUTINE AND UNCONTESTED MOTIONS

A. Routine Motion or Application Defined

A party presenting any one of the following, upon required notice, may designate it as a routine motion or routine application, as the case may be:

(1) application for admission of counsel pro hac vice under Rule 602;

(2) motion to receive notices;

(3) motion to pay bond premium;

(4) motion to destroy books and records of a debtor;

(5) motion to extend time for filing complaints to determine dischargeability and objections to discharge;

(6) motion to extend by no more than 30 days the unexpired time to file an appearance, pleading, or response to a discovery request; provided that the motion states the next set court date and states that no court date will be affected by the extension;

(7) motion for leave to appear as an attorney or an additional attorney, or to substitute one attorney for another with the written consent of the client, except as to attorneys for a debtor-in-possession, trustee, or an official committee;

(8) motion to dismiss or withdraw all or any part of an adversary proceeding by agreement, which motion sets forth any consideration promised or received for the dismissal or withdrawal, and specify whether the dismissal or withdrawal is with or without prejudice, provided, however, that this subsection applies neither to adversary proceedings under 11 U.S.C. §727 nor to any motion by a trustee that, if granted, would effectively abandon a cause of action;

(9) motion to avoid a lien pursuant to §522(f) of the Bankruptcy Code;

(10) motion for leave to conduct examinations pursuant to Fed.R.Bankr.P. 2004, subject to local Bankruptcy Rule 402(k); and

(11) in cases under Chapter 13 of the Bankruptcy Code, on notice to the standing Trustee and all creditors:

(a) motion to increase the payments by the debtor into the plan; and
(b) motion to extend the duration of the plan, without reduction of periodic payments, where the proposed extension does not result in a duration of the plan beyond 60 months after the date of confirmation of the plan;

(12) motion by the Trustee or Debtor in Possession to abandon property of the estate pursuant to §554 of the Bankruptcy Code and Fed.R.Bankr.P. 6007(a), provided the same be on notice to all creditors; and

(13) motions by the debtor:

(a) to convert or dismiss under §§1208(b) or 1307(b) of the Bankruptcy Code; and
(b) to convert under §§706(a) or 1112(a) of the Bankruptcy Code.

 

B. Identifying Routine Motions or Applications; Proposed Order; Ruling Without Hearing

Each copy of a routine motion or routine application shall be marked as such and shall have appended to it a proposed order. The notice of a routine motion or routine application shall state in bold face type or capital letters that the appended proposed order may be entered by the judge without presentment in open court unless a party notifies the judge of an objection thereto pursuant to section C of this rule.

C. Order of Calling Routine Motions or Applications; Request for Hearing

Routine motions may be called by the courtroom Deputy at the beginning of the motion call before or when the judge takes the bench. If no party then requests a hearing, the judge may enter an order granting relief upon a routine motion or routine application in a form substantially similar to movant's or applicant's proposed order without presentation of the motion or application in open court and without a hearing. If a hearing is requested, the motion or application shall not be granted routinely, but shall be heard in open court at the date and time noticed.

D. Uncontested Motion

An uncontested motion is a motion upon required notice as to which all parties in interest entitled to notice have no objection to the relief sought by the movant, and the movant wishes the motion to be considered pursuant to this section.

E. Identifying Uncontested Motions; Proposed Order

Each copy of the uncontested motion shall be marked as such and shall have appended to it a proposed order and a certification of movant's counsel that each party-in-interest entitled to notice of the motion has no objection to the entry of the proposed order, or such order bears the signed approval of each such party or their counsel.

F. Judge May Rule on Uncontested Motion Without Hearing

The judge may enter an order granting relief upon an uncontested motion in a form substantially similar to the movant's proposed order without presentation of the motion in open court and without a hearing.

G. Procedure Where Judge Declines to Grant Routine Motion or Application or Uncontested Motion

Prior to the commencement of each motion call, the judge may post a list outside the courtroom of routine motions or applications and uncontested motions upon which ruling may be entered without hearing, if a hearing is not requested. Should the judge decline to grant a routine motion or application or an uncontested motion without presentation in open court or a hearing, the movant or applicant shall present the same in open court at the date and time noticed. If the movant or applicant fails to do so, the motion or application may be stricken or decided pursuant to Rule 402(i).

H. Requirements of Notice Not Affected

Nothing in this rule affects or excuses the requirements of notice otherwise applicable.

I. Individual Judge May Adopt Other Practices

Nothing in this rule shall require any judge to follow the procedures set forth herein.

Committee Note: This is a modification of a proposal from the Chicago Bar Association Bankruptcy Committee. Section H, while arguably redundant, may save the judges from dealing with the contention that applicable noticing requirements in Rules or statutes are affected or excused hereby.