Negative Notice Procedures
Court in which procedure applies: Judge Zive (Reno, NV)
Parties procedure applies: Northern Nevada Bankruptcy Bar
Pursuant to Bench Bar meetings and our discussions, the following are the proposed procedure and notice provisions for motions and matters that may be determined upon notice and opportunity to request a hearing (“negative notice”):
Procedure: Upon not less than 20 days notice to such creditors and interested parties who are entitled to notice of the particular matter, orders may be obtained on motions without a hearing, unless one is specifically requested by filing and serving a written response that complies with the Local Bankruptcy Rules within the 20 day notice period.
In the notice, the moving party shall advise that any response must be filed and served on the moving party and all other interested parties, and a hearing date obtained from the clerk of the court upon filing the objection. The notice shall also advise that if a response is not timely filed and served and a hearing date is not obtained, the motion will be granted by the court.
If the response period expires without the filing of any response and request for hearing, the moving party shall lodge a proposed order with the notation (negative notice) and file a declaration attesting that no response and request for hearing was served upon the moving party and that the order may be entered. Appended to the declaration shall be a copy of the motion, notice and proof of service of the notice and motion. The proposed order and declaration shall be lodged and filed within 14 days of the expiration of the response period or the motion will be deemed denied.
If a timely response is filed and served and a hearing date obtained from the clerk of the court, the responding party shall give not less than 10 days notice of the hearing to the moving party and all other interested parties entitled to notice of the hearing.