General Order 2005-01 authorizes the use of negative notice language requiring a response for most contested matters for which the moving party does not anticipate opposition.
The following pleadings* are excepted from General Order 2005-01 and therefore, negative notice language requiring parties to respond may not be used, without a prior court order.
- Motions to dismiss filed by a party in interest other than the debtor
- Motions to convert filed by a party in interest other than the debtor
- Motions for the use of cash collateral
- Motions for financing authority
- Motions to assume or assume and assign executory contracts and unexpired leases
- Objections to claims in Chapter 11 cases
For these excepted pleadings (other than motions for relief from stay), the movant must either (1) obtain and serve notice of a hearing or (2) request that the court order an answer or response to the pleading and authorize the use of negative notice language.
Requests for the court to order an answer or response may be included in the body of the excepted pleading, or filed by separate motion.
If the court grants the request, the court's order will direct the moving party to file and serve a notice (see General Order 2005-01, §4). A form notice is available on the court's website at BTXN 173 - Negative Notice Regarding Contested Matter Form. The CM/ECF event negative notice re: contested matters should be used to docket the notice.
If the court denies the request, the court's order will set a hearing on the excepted pleading. The moving party must serve the order and file a certificate of service.
*Motions for relief from stay are also excepted from General Order 2005-01. They are governed by L.B.R. 4001.1 and therefore, a response is required.