Form Ccp-2 - Order For Complex Chapter 11 Bankruptcy Case Page 3
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7Form CCP-2
c.
When the motion is called for hearing on the designated Hearing Day, the Court will
first consider whether expedited treatment is required, whether adequate notice has
been given, and whether there has been adequate opportunity for parties to be heard.
The Court may decide to hear the matter at that time or the Court may issue other scheduling
orders as the Court determines to be appropriate after consideration of the nature of the
emergency, the adequacy of the notice, the impact of delay, the nature of the relief sought, and
such other matters as the Court may consider to be cogent.
d.
Extraordinary Circumstances: In very rare circumstances, a party may need relief
that cannot be delayed until the next Hearing Day. In such circumstances, the movant may, by
separate motion, request a hearing to be held prior to the next Hearing Day. If the Court grants
such emergency treatment, the Court will direct the requisite notice and will set a hearing date and
time. When the matter is called for hearing, the Court will first consider the propriety of emergency
treatment as described in sub-paragraph (c) above.
e.
Parties are encouraged to authorize opposing parties to serve them by fax or e-mail
to facilitate notice of emergency and expedited hearings. If provided, it must be used.
5.
Proposed Hearing Agenda: Before noon on the day that is at least two (2) business days
prior to each Hearing Day, Debtor’s counsel shall hand deliver to the judges chambers a
Proposed Hearing Agenda and also shall file the Proposed Hearing Agenda with the clerk.
Debtor’s counsel shall contemporaneously provide the Proposed Hearing Agenda to counsel
for the party against whom relief is requested, counsel for the Unsecured Creditors’ Committee, all secured
creditors, the United States Trustee, and those parties that have served a request for notices, by fax, e-mail
or overnight mail.
a.
The Proposed Hearing Agenda, whether or not served on parties, is merely a proposal for the
convenience of the Court and counsel. It is NOT determinative of the matters to be heard on that
day and is not determinative of whether there will be a settlement or continuance.
b.
The Proposed Hearing Agenda shall include:
i.
The docket number and title of each matter to be scheduled for hearing on the next
Hearing Day, including all related pleadings;
ii.
Whether the matter is contested or uncontested;
iii.
An estimate of the time required to hear each matter;
iv.
Other comments that will assist the Court in organizing its docket for the day: (for
example, if a request for continuance or withdrawal of the matter is expected); and
v.
A suggested order in which the matters should be addressed.
c.
Before noon on the day that is at least three (3) business days prior to each Hearing Day, other
parties in interest may request in writing that Debtor’s counsel add matters to the Proposed
Hearing Agenda. If such a request is made, the Proposed Hearing Agenda should include the
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