Hearings Scheduled by the Moving Party

The Moving Party is to schedule routine, non-evidentiary motions.  In doing so, parties may choose to utilize the default notice procedures, if applicable. 

Hearings Scheduled by the Court

The Court will schedule Evidentiary Matters, Pre-trial Hearings and Conferences, Confirmation Hearings and Motions for Summary Judgment.

Choosing a Hearing Date

Choose a hearing date and time that meets or exceeds the Minimum Notice required. 

See Table of Available Hearing Dates and Times below

Hearing Location

Hearings are held in both Rutland and Burlington.  Location determinations should be made based upon mutual timing concerns and geographic convenience of the participants.

                              For Hearings in Rutland:                                        For Hearings in Burlington:

Certain requests for relief under the Bankruptcy Code and Federal Rules of Bankruptcy Procedure may be determined without a hearing, provided that an opportunity for a hearing is presented to parties entitled to notice.  Under this procedure, if an objection is timely filed, the Court shall hold a hearing on the date designated on the notice.  If no objections are timely filed, the Court may enter an order without a hearing.  The default procedure is optional.  For relief available using Default Procedure see Vt LBR 9013-4 of the 2021 Local Bankruptcy Rules

Minimum Notice and Response  

Unless a greater period is required by the Code or Rules, service must be made: 

Under Default Procedure – at least fourteen (14) days prior to the response deadline and response deadline shall be a minimum of seven (7) days prior to the hearing date.  The response deadline may be more than 7 days prior to the hearing date if noticing time allows.

Under Conventional Procedure – at least eleven (11) days prior to the response deadline and response deadline shall be a minimum of three (3) days prior to the hearing date.  The response deadline may be more than 3 days prior to the hearing if noticing time allows. 

For reference please see Appendix VIII (Reference Guide for Noticing) to the Local Rules.

Multiple Motions

Multiple motions in the same case are to be scheduled in the time frame that corresponds to the primary motion.

Chapter 7 and Chapter 11

Only motions in cases under Chapters 7 and 11 may be scheduled for the hearing dates specified for Chapters 7 and 11.  Exceptions to this rule require Court approval and will be based upon exigent circumstances.

Chapter 12 and Chapter 13

Only motions in cases under Chapters 12 and 13 may be scheduled for the hearing dates specified for Chapters 12 and 13.  Exceptions to this rule require Court approval and will be based upon exigent circumstances.

Preparing the Notice of Motion (see FORMS listed below)

Minimum requirements for all notices of motion (See Vt. LBR 9013-2):

• Description of the relief sought
• Date, time and location of the hearing
• Deadline for filing written objections/responses
• Names and addresses of those parties that must be served with copies of objections
• Name, address, and telephone number of the moving party

Service and Filing of Motion Papers and Notices of Motion

Who to Serve - All parties entitled to notice under the Bankruptcy Rules or the Code must be served with the Notice of Motion and Motion papers.

Filing with the Court - the Moving Party must file the following documents with the Clerk of the Court:

• All Motion papers
• Notice of Motion
• Certificate of Service regarding the Motion papers and Notice of Motion

Forms

Form U-1 - Model Notice of Motion Under Conventional Procedure

Form U-2 - Model Notice of Motion Under Default Procedure

Model Certificate of Service for a Bankruptcy Case

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