In The United States Bankruptcy Court For The Northern District Of Texas

Bankruptcy Rule 9014 provides that in a contested matter not otherwise governed by the Bankruptcy Rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required unless the court orders an answer to a motion. Bankruptcy Rule 9014(a). Pursuant to N.D. TX L.B.R.</P1(A), required motion.
Rule 9007 authorizes the court to designate the time, form and manner of providing the notice. Pursuant to Rule 9007, the court has adopted N.D. TX L.B.R. 9007.1, which may be used by a moving party when a motion may only be considered by the court “after notice and hearing” as that requirement is defined by 11 U.S.C. §

102(1). Under N.D. TX L.B.R. 9007.1, a party against whom relief is sought who receives a notice with the language required by N.D. TX L.B.R. 9007.1 must file an answer or response within the noticed period of time or the court may
consider that the party does not oppose the relief requested, and that the court may decide the motion without an actual hearing.

2 N.D. TX L.B.R. 9007.1 provides an effective and efficient process to present contested matters under Rule 9014 for which the moving party does not anticipate opposition, while assuring compliance with the Bankruptcy Code’s requirement for notice and opportunity to be heard. Since Rule 9014(a) does not require an answer or response to a motion unless the court orders an answer but N.D. TX L.B.R. 9007.

1 compels an answer or response for a party opposing a motion to obtain a hearing, the court enters this General Order to provide the necessary judicial directive for the use of N.D. TX L.B.R. 9007.1 when a response has not been otherwise directed under Rule 9014 and N.D. TX L.B.R.9014.1. By entering this General Order,
the court provides for the continuing use of N.D. TX L.B.R. 9007.1. Parties appearing before the court are cautioned to use N.D. TX L.B.R. 9007.1 when the moving party reasonably believes the motion will not be opposed. If the moving party believes or anticipates that the motion will be opposed, the moving party shall obtain a setting for a hearing on the motion.