E.D.N.Y. LBR 9014-2 — First Scheduled Hearing
A published court requirement that applies in New York. Category: Local Rules. Verified against the official source (E.D.N.Y. (Bankr.) — Local Bankruptcy Rules (U.S. Bankruptcy Court for the Eastern District of New York)) on November 3, 2026.
Summary
E.D.N.Y. LBR 9014-2 — First Scheduled Hearing: the court's own rule, verbatim from the Local Bankruptcy Rules for the United States Bankruptcy Court for the Eastern District of New York (official PDF, sha-custodied). Court-level requirement: applies in every case and proceeding before the U.S. Bankruptcy Court for the Eastern District of New York, alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
Requirement
The first scheduled hearing in a contested matter will not be an evidentiary hearing at which witnesses may testify, unless: (a) the Court gives prior notice to the parties that such hearing will be an evidentiary hearing; (b) the motion requests emergency relief and is made at the commencement of the case; (c) the motion requests interim or final relief under Bankruptcy Code §§ 363(b), 363(c)(2)(B), or 364; (d) the motion requests a continuation of the automatic stay under Bankruptcy Code § 362(c)(3)(B) or imposition of the automatic stay under Bankruptcy Code § 362(c)(4)(B); (e) the motion requests the Court’s approval of rejection of an unexpired lease of real property under Bankruptcy Code § 365(a), and a timely objection thereto is filed; or (f) the hearing is on confirmation of a plan in a case under chapter 9, chapter 11, chapter 12 or chapter 13 of the Bankruptcy Code. REFERENCES: Bankruptcy Code §§ 363(c)(2)(B), 362(c)(3)(B), 364, 365(a) Comment: Bankruptcy Rule 9014(e), added in 2002, requires that the Court provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify. Nothing in E.D.N.Y. LBR 9014-2 precludes a party from requesting an evidentiary hearing at the first scheduled hearing and asking the Court to provide for notice thereof in accordance with the final paragraph of the rule.
Source of truth
The first scheduled hearing in a contested matter will not be an evidentiary hearing at which witnesses may testify, unless: (a) the Court gives prior notice to the parties that such hearing will be an evidentiary hearing; (b) the motion requests emergency relief and is made at t
- Official source
- E.D.N.Y. (Bankr.) — Local Bankruptcy Rules (U.S. Bankruptcy Court for the Eastern District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- —
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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