Motions or Responses

Motions

Parties may request relief from the Court by filing a motion.  For example, a party may request additional time to file a document by filing a motion for extension of time.  The requirements for motions practice are set forth in Federal Rule of Bankruptcy Procedure 8013 and Tenth Circuit BAP Local Rule 8013-1.  Specifically, motions must contain the following:

  • a statement of the particular grounds for the motion;
  • a statement of the particular relief sought;
  • proof of service on all parties to the appeal; and
  • anything required to accompany the motion by a specific provision of the Federal Rules of Bankruptcy Procedure or the Local Rules.

If a party filing a motion has not yet filed its Statement of Interested Parties as required by Tenth Circuit BAP Local Rule 8003-2(b), the motion must be accompanied by a Statement of Interested Parties.  See10th Cir. BAP L.R. 8003-2(b).

The Clerk of Court has authority to deny motions that do not comply with the Court’s Local Rules or the Federal Rules of Bankruptcy Procedure.  See 10th Cir. BAP L.R. 8024-1(b)(2).

Responses to Motions and Replies to Responses

A party may file a response to any motion within 7 days after service of the motion and the movant may file a reply to a response within 7 days after service of the response.  See Fed. R. Bank. P. 8013(a)(3).

If a party responding to a motion has not yet filed its Statement of Interested Parties as required by Tenth Circuit BAP Local Rule 8003-2(b), the response must be accompanied by a Statement of Interested Parties.  See 10th Cir. BAP L.R. 8003-2(b).

Note that the Court may act on a procedural motion without awaiting response.  See Fed. R. Bank. P. 8013(b).

Emergency Motions

A party may request expedited relief when the relief is necessary to avoid immediate and irreparable harm. Before filing an emergency motion, a party must:

  • Call the Clerk’s Office in order to give the Court as much advance notice as possible.  See 10th Cir. BAP L.R. 8013-1(b).
  • File and serve the motion using the quickest method available.  See 10th Cir. BAP L.R. 8013-1(b).

The requirements for emergency motions are set forth in Federal Rule of Bankruptcy Procedure 8013(d) and Tenth Circuit BAP Local Rule 8013-1.  Specifically, emergency motions must contain the following:

  • the word “Emergency” before the title of the motion
  • an affidavit setting out the nature of the emergency
  • a statement as to whether all of the grounds for the motion were submitted to the bankruptcy court and, if not, why the motion should not be remanded for the bankruptcy court to consider
  • the e-mail addresses, office addresses, and telephone numbers of moving and opposing counsel and any unrepresented parties, and
  • proof of service pursuant to Rule 8011.

Motions for Stay Pending Appeal

Motions for stay pending appeal must ordinarily be presented to the bankruptcy court first.  See Fed. R. Bankr. P. 8007(a)(1).  The requirements for motions for stay are set forth in Federal Rule of Bankruptcy Procedure 8007 and Tenth Circuit BAP Local Rule 8007-1.  Specifically, motions for stay must contain the following:

  • a statement as to whether the motion was first presented to the bankruptcy court; if not, the motion must explain why it was not so presented, and
  • a copy of the bankruptcy court order denying the motion for stay or a copy of the transcript of the bankruptcy court's hearing on the motion (unless the motion was not first presented to the bankruptcy court).

If the motion for stay is an emergency motion, the motion must also comply with Federal Rule of Bankruptcy Procedure 8013(d) and Tenth Circuit BAP Local Rules 8013-1(b).