On February 1, 2013, the United States Bankruptcy Court for the District of Delaware adopted a revised version of the Local Rules of Bankruptcy Practice and Procedure of the Court (the Local Rules). This Alert provides the court’s revised Local Rules, along with a redline version showing the revisions.
One of the significant changes made to the Local Rules was to lengthen the notice period for the filing and service of motions under Local Rule 9006-1. Old Local Rule 9006-1(c)(i) required motion papers to be filed at least 14 days prior to the hearing thereon. Old Local Rule 9006-1(c)(i) also explicitly required an additional three days’ notice if service was effected by mail. The rule was silent as to whether additional notice was required if service was accomplished by overnight delivery.
Revised Local Rule 9006-1(c)(i) (effective February 1, 2013), lengthens the notice period for the filing and service of motions governed by Local Rule 9006-1 to 18 days prior to the hearing thereon. The moving party is still required to add three days’ notice if service is effected by first class mail, but the Local Rule now also requires the addition of one day’s notice if service is made by overnight delivery.
The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.