Bankruptcy Motion to Limit Notice
- The Federal Rules of Bankruptcy govern the actions of federal courts in bankruptcy proceedings. Different rules identify the length of time required for adequate notice of court orders, party motions and any other actions the court may decide. The requirements, which vary depending on the action, are noted in the rules that pertain to each action.
- Rule 9006 establishes the rules regarding how those time requirements are computed. For example, Rule 9006(a)(1) establishes that "When the period is stated in days or a longer unit of time (the court is to) exclude the day of the event that triggers the period; count every day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
- Parties may file a Motion to Limit Notice with or without an accompanying motion for another action. The court may decide "in its discretion" to reduce the period. Additionally, the court may decide to reduce the period without a motion if it decides that the notice is unnecessary. Rule 9006(c)(2) does prohibit reducing notice in some instances, such as the 90-day requirement after an initial Chapter 7 filing.
Required Notice
Computing Time
Limiting Notice
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