By Anerio Altman

Most things happen in Bankruptcy Court under a rule called 9013-1(o) or the “scream or die” rule.

Local rule of Bankruptcy Procedure 9013-1(o) provides that for certain matters, if you file a motion, and no one opposes it, 14 days after service of the motion on the appropriate parties, the relief requested in the motion may be granted by the court.

If anyone wants to oppose the rule, they have to file a written request for a hearing within the 14 day period.

Once filed, the moving party has to then schedule a hearing in front of the judge or let the judge deny the motion.

The majority of the motions in Bankruptcy Court are dealt with under this rule. It is not particularly exciting, but it is how things work.

For most of the judges EVERYTHING in Bankruptcy Court can be handled by 9013-1(o) except for the following:

(A) Objections to claims;
(B) Motions regarding the stay of 11 U.S.C. § 362;
(C) Motions for summary judgment and partial summary adjudication;
(D) Motions for approval of cash collateral stipulations;
(E) Motions for approval of postpetition financing;
(F) Motions for continuance;
(G) Adequacy of chapter 11 disclosure statements;
(H) Confirmation of plans in chapter 9, chapter 11, chapter 12, and chapter 13
cases;
(I) Motions for orders establishing procedures for the sale of the estate’s assets
under LBR 6004-1(b);
(J) Motions for recognition of a foreign proceeding as either a main or a
nonmain proceeding;
(K) Motions for the adoption of a chapter 15 administrative order;
(L) Motions for the adoption of a cross-border protocol;
(M) Motions to value collateral and avoid liens under 11 U.S.C. § 506 in chapter
11, 12, and 13 cases; and
(N) Motions for issuance of a TRO or preliminary injunction.

Always consult an attorney concerning your case, the judge and the judge’s own preferences regarding any motion.