Bankr. N.D. Fla. Loc. R. 2002-2 — Negative Notice Procedure: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(A) The Court has established a list (the “Negative Notice List”) of motions, objections, and other papers that may be considered by the Court without an actual hearing under the negative notice procedure described in this rule if no party in interest files a response to the relief requested. The Negative Notice List is posted on the Court’s website and may be supplemented or otherwise amended by the Court from time to time. If permitted by the presiding judge, other motions, objections, and other matters may be considered by the Court using the negative notice procedure. (B) Motions, objections, and other matters filed pursuant to this negative notice procedure shall: (1) Be served in the manner and on the parties as required by the provisions of the Bankruptcy Rules, these rules, or any order of the Court applicable to motions, objections, or matters of the type made and shall be filed with the proof of such service in accordance with the provisions of Local Rule 7004- 1; and (2) Contain a negative notice legend prominently displayed immediately following the title of the paper. The negative notice legend shall be in the approved format on the Court’s website as of the date of filing of the paper available online. (C) In the negative notice legend, the number of days during which parties may object shall be twenty-one (21) days, unless otherwise specified in these rules or any administrative or standing order of the Court. (1) In the event a party in interest files an objection within the time permitted in this rule, the Court may schedule a hearing on the motion, objection, or other matter upon notice to the movant’s attorney, the objecting party or parties, and others as may be appropriate. (2) In the event no party in interest files an objection within the time permitted in this rule, the Court may consider the matter without further notice or a hearing. The movant shall submit a proposed order not later than fourteen (14) days after the expiration of the objection period. In the event the movant fails to submit a proposed form of order within this time, the Court may enter an order denying the relief requested without prejudice for lack of prosecution. In addition to any other requirements, the proposed form of order shall recite that: (a) The movant has represented that the motion, objection, or other matter was served upon all interested parties with the Local Rule 2002-2 negative notice legend informing the parties of their opportunity to object within the proper days of the date of service; (b) No party filed an objection within the time permitted; and (c) The Court considers the matter to be unopposed. (D) Nothing in this rule is intended to preclude the Court from conducting a hearing on the motion, objection, or other matter even if no objection is filed within the time permitted.
(A) The Court has established a list (the “Negative Notice List”) of motions, objections, and other papers that may be considered by the Court without an actual hearing under the negative notice procedure described in this rule if no party in interest files a response to the reli