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Notice Of Intention To Seek Expedited Hearing (Chapter 11) - Minnesota
| Notice Of Intention To Seek Expedited Hearing (Chapter 11) Form. This is a Minnesota form and can be used in Bankruptcy Court Federal . |
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INSTRUCTIONS FOR FILING A CHAPTER 11 CASE 1. Scope: These instructions apply to all Chapter 11 cases filed in this district. They are designed to supplement the Fed. R. Bankr. P. and the Local Rules of this court and to answer questions commonly asked in Chapter 11 cases. If you are unfamiliar with the Local Rules, consult other sections of this website. There are a number of Local Rules especially designed to facilitate the expedient processing of Chapter 11 cases. In particular, you are directed to the following Local Rules that may be of significance in the early stages of the case: Rule 2002-1(b) (Entities to be Served in Chapter 11 Cases); Rule 2002-4(c) (Notices Prepared by Debtor in Possession); Rule 2014-1 (Employment of Professionals); Rule 2016-1 (Compensation of Professionals); Rule 4001-2 (Cash Collateral); Rule 6004-1 (Sale of Estate Property); Rule 9010- 3 (Attorneys); Rules 9013-2 and 9013-3 (Motion Papers and Service); and Rule 9013-4 (Applications). These instructions do not alter the requirements of Fed. R. Bankr. P. or the Local Rules, which remain applicable in all Chapter 11 cases. 2. United States Trustee: Before filing your case, or as soon thereafter as possible, you are encouraged to contact the United States Trustees Office to discuss your intentions with respect to applications to retain professionals, first day orders and other matters needing immediate attention in the case. The United States Trustees Office in this district is prepared to discuss these matters with interestedparties on an expedited basis, if necessary. The United States Trustee prefers to be given as much advance notice as possible and will be asked by the Court to take a position on all such motions at any hearing. 3. Notice of Intention to Seek Relief on a n Expedited Basis: If you intend to make motions for first day orders, at the time you file the Chapter 11 petition file aNotice of Intention to Seek Expedited Hearing (the "notice") substantially in the form attached to these instructions. The purpose of the notice is to give everyone interested in the case as much advance warning as possible of the Debtors intentions with respect to seeking expedited relief in the first days of the case. The filing of this Notice is not a substitute for a motion and service and notice required by the Fed. R. Bankr. P. and Local Rules. 4. Date for Hearing on First Day Orders: Contact the calendar clerk for the judge to whom the case has been assigned. The calendar clerks have been instructed to make time available for hearing of motions covered by the notice within two working days of the date the petition is filed. If the assigned judge is not available, another judge will hear these motions if you so request. After obtaining the time and date for the hearing on first day orders, serve all motions on all parties entitled to service under the Local Rules. No first day motions will be heard on less than 36 hours notice except in the case of a true emergency, for example, cash management and payroll related motions when certain outstanding prepetition checks must clear to maintain stability of the Debtors business 5. Regular Hearing Date: The calendar clerks for the judges have also been instructed to honor any request by counsel for the Debtor to set aside a day and time each month (or other periodic interval selected by Debtors counsel) to hear all motions in the case ("the regular hearing date"). Counsel for the Debtor is required to notify all interested parties of the regular hearing date. The regular hearing datewill also be posted on the website. If a motion must be heard on a date other than the regular hearing date, the motion papers must provide good - 1 - <<<<<<<<<********>>>>>>>>>>>>> 2explanation why the motion cannot wait to be heard. 6. Agenda for Regular Hearing Date: In any case where therewill be more than five motions or applications noticed for the same regular hearing date, counsel for the Debtor shall prepare an agenda and file and serve it no later than 5 days before the hearing. The agenda shall include a list of the motions to be heard and list those which are expected to go by default. As to those motions which are not expected to go by default, the agenda will state the identity of the moving party, the relief sought and the then-known status of the motion (i.e., contested and needs a hearing immediately, contested but needs an evidentiary hearing at a later date, parties still negotiating, etc.). The purpose of this agenda is to give all the parties involved some idea of what is likely to occur at the hearing and how they are to prepare. Counsel for the Debtor shall update, serve and file the agenda 24 hours before the hearing and update and file it again two hours before the hearing if there have been material changes in the status of the pending motions. At the hearing, Debtors counsel shall make available to counsel copies of the last updated agenda. Counsel who are unsure of whether they will be expected to be ready to participate in an evidentiary hearing may call the judges law clerk. 7. Appearance by Telephone: Out of town counsel and parties may appear by telephone unless they expect to be involved in the taking of evidence. You should call the judges calendar clerk to schedule a telephonic appearance. In rare cases, if the judge believes it necessary for the proper conduct of a hearing, permission to appear telephonically will not be granted. 8. Professionals: (a) Retention: The Local Rules provide an expedient method of obtaining an order authorizing the retention of professionals. Objections to the retention of particular professionals may be considered along with first day orders, so long as you have followed the Local Rules for making an application. In such a case, the United States Trustee will attempt to provide the court with a recommendation, even if there are less than five days between the filing of the application and the hearing date. (b) Intervals for Hearing Fee Applications : You may include in an application for retention a request that fee applications will be heard at 60 or 90-day intervals on the regular hearing date. If the request is granted, counsel for the Debtor shall obtain an early date, approximately 60 or 90 days from the commencement of the case, for the first such hearing and shall notify all professionals retained in the case of the regular hearing date for professional fees. Professional fee applications will all be scheduled
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