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Indiana LBF-3a Notice of Motion and Opportunity to Object [Notice contains a summary of the Motion] (Local Rule B-2002-2)

State:
Indiana
Control #:
IN-LBF-3A
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PDF
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LBF-3a Notice of Motion and Opportunity to Object [Notice contains a summary of the Motion] (Local Rule B-2002-2)

Indiana LBF-3a Notice of Motion and Opportunity to Object [Notice contains a summary of the Motion] (Local Rule B-2002-2) is a form created by the Indiana Supreme Court for use in civil proceedings. It is used to inform a party of a motion that will be heard, and provides them with an opportunity to file an objection. It is an important part of the court's process for ensuring the due process rights of all parties, and must be served according to the rules of civil procedure. There are two types of Indiana LBF-3a Notice of Motion and Opportunity to Object [Notice contains a summary of the Motion] (Local Rule B-2002-2), depending on the type of motion being heard. The first is a Notice of Motion without an Opportunity to Object, which is used when the motion is uncontested and the other parties do not need to be notified. The second is a Notice of Motion with an Opportunity to Object, which is used when the motion is contested and the other parties must be given an opportunity to file an objection. In either case, the Notice must include a summary of the Motion and must be served on all necessary parties.

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A motion that seeks entry of an emergency or interim order before a final hearing under Bankruptcy Rule 4001(b)(2) or (c)(2) shall describe the amount and purpose of funds sought to be used or borrowed on an emergency or interim basis and shall set forth facts to support a finding that immediate or irreparable harm

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P. 4001(d), upon the filing of a declaration attesting that no objections have been timely filed within fourteen (14) days of the filing and service of the agreement or stipulation and notice thereof, the court may enter an order approving the agreement or stipulation.

(c) Contents of motion; affidavits and declarations. (1) The motion must state the facts on which it is based and must contain a legal memorandum. If factual issues are contested, the court will not grant the contested relief unless admissible evidence is offered in support of the relief requested.

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This Standard Clause for use in a forbearance or restructuring agreement provides for a defaulting borrower to waive its right to assert the automatic stay against a lender if it later files for bankruptcy. This Standard Clause has integrated notes with important explanations and drafting tips.

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Indiana LBF-3a Notice of Motion and Opportunity to Object [Notice contains a summary of the Motion] (Local Rule B-2002-2)