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MOTIONS, PLEADINGS AND
OTHER RELATED MATTERS |
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8.1 |
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Form ( 9013-1) |
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a.
All motions, pleadings and
other related matters shall be typewritten and shall
include the address and telephone number of the attorney.
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b.
For a pro se debtor - a debtor without representation
by an attorney - all motions, pleadings and other related
matters shall be typewritten and presented for filing on
one-sided pages using white, opaque paper of good quality, 8 1/2 X 11 inches in size.
The debtor shall also include his/her address and
telephone number.
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c.
Proofs of Claim are excluded
from the requirements of this rule; however, they must be
legible and presented for filing on flat, unfolded paper which
is firmly bound at the top by paper clip - not staples. Copies
to be returned to the filer may be bound with staples. |
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8.2
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Motion
Requirements ( 9013-1) |
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a.
All motions must state the grounds for the relief requested.
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b.
All motions must state the period in which objections to the
motion shall be filed. See Local
Forms Index..
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c.
The Clerk will not accept any motion, response or objection
for filing unless
accompanied by a separate proposed Order.
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d.
Redemption
rights cannot be waived in any motion or proposed Order.
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e.
Motions may not
request more than one form of relief unless:
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1.
Chapter 7 Case Exception for Combined Motion for Relief and
Abandonment
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In
a Chapter 7 case, it is acceptable to combine into one motion a
request for Relief from the Automatic Stay and proposed
Abandonment.
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2.
Chapter 11 Case Exception
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In a
Chapter 11 case, it is acceptable for a motion to request
more than one form of relief only if it adheres to the following
requirements: |
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A.
The caption of the motion clearly sets forth the
different forms of relief requested;
B. If the motion requests alternative relief,
appropriate alternative Orders are tendered with the motion; and,
C. The different forms of relief requested are
directly related to one another.
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